Archive 2003

 

 

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Town Officials to be Sworn in at January 5th Organizational Meeting (1/4/2004)

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Town Board Votes to Create Adult Entertainment Zone (1/4/2004)

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Town Board to Hold Public Hearing on Adult Entertainment Zone  (1/4/2004)

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Chelsea Motel Owner, Friend Charged after Man Overdoses (1/4/2004)

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Legal Notices (1/4/2004)

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Indian Valley Little League Volunteers Wanted (1/4/2004)

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Accord Fire District Election Results and Organizational Meeting (1/4/2004)

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Certified Election Results (1/4/2004)

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Historic Arrowhead Farm for Sale (1/4/2004)

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Local Artists' Work Featured at Smithsonian (1/4/2004)

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Legal Notices (1/4/2004)

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Community Center to Host Thanksgiving Dinner (1/4/2004)

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Letter to the Editor (1/4/2004)

 

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Closest Supervisor Race in Recent History  (11/10/03)

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Melange Art Studio and Local Artists Offer Classes (11/10/03)

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Kerhonkson Accord First Aid Squad Classes  (11/10/03)

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Kerhonkson Man Charged in Arson  (11/10/03)

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Wawarsing Raw Sewage Discharge  (11/10/03)

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Letter Regarding Use of Stone Ridge Library  (11/10/03)

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Letters to the Editor  (11/10/03)

 

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Meet the Candidates Night Scheduled for October 14 (10/2/03)

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Open Meeting on Mining to be held September 27 (10/2/03)

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New Independent Party in Rochester: Rochester First (10/02/03)

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New Officers for Kerhonkson Lions (10/02/03)

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Catskill Native Nursery to Hold Classes (10/02/03)

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Shooting in Accord (10/02/03)

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Man hits head and drowns (10/02/03)

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Trailer Park Moratoriuim Hearing (10/02/03)

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Rochester Conservative Party Results (10/02/03)

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Letters to the Editor and Legal Notices (10/02/03)

 

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Trailer Park Moratorium Hearing to be Held September 4th

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Conservatives Select Lipto n

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West Nile Virus in Accord

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Rondout School Levy and Assessment Rates to Increase

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Letters to the Editor

   

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Rochester Democrats Select Candidates

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Trailer Park Moratorium

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Man who said he rescued dog is charged with animal abuse  

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State Court Upholds Saugerties Mining Law

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Rondout Board Suspends Former Principal

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Legal Notices

 
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Rescued Dog

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Casinos OK in Catskills, judge rules

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Kerhonkson firefighters receive award

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Accord man charged with burglary

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Letters and Legals

 

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Chicken BBQ at the Reformed Church (7/2/03)

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GOP Caucus on August 6th (7/2/03)

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Free Children’s Entertainment at Rochester Tricentennial (7/2/03)

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Rescued Dog (7/2/03)

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18 home subdivision planned for Sundale Road/Sahler Mill (7/2/03)

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Judge Rules Catskill Casinos OK (7/2/03)

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Kerhonkson Firefighters Receive Award (7/2/03)

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Accord Man Charged with Burglary (7/2/03)

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Letters to the Editor (7/2/03)

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Legal Notices -  (7/2/03)

 
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Town Board Notes, July 3, 2003  (7/28/03)

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Rocky Relations (7/28/03)

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Letters to the Editor & Legal Notices (7/28/03)

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Kerhonkson Resident named Trombonist of the Year (6/30/03)

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Town Board Audit Meeting Notes (6/30/03)

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Letters to the Editor (6/30/03)

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Tricentennial Celebration Updates  (6/30/03)

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Two year old girl saved from drowning  (6/30/03)

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Route 209 crash injures two  (6/30/03)

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Rondout considers single sex classes (6/30/03)

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A message from the Stone Ridge Library  (6/30/03)

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Local Teen at Accord Speedway  (6/30/03)

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Legal Notices  (6/30/03)

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Letters to the Editor  (6/30/03)

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Local Democrats to Meet on Sunday, June 15 (6/30/03)

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Town Board Fails to Take Action on Trailer Park Moratorium (6/30/03)

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School District Budget Passes (6/30/03)

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Husband & Wife Killed in Auto Accident on Route 209 (6/30/03)

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Accord PX Mart has new Owner (6/30/03)

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Planning Board Notes (6/30/03)

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UCCC Raises Tuition (6/30/03)

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Forgetful Jail (6/30/03)

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Local Teen Still Missing (6/30/03)

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Legal Notices (6/30/03)

 

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Kerhonkson-Accord Chamber of Commerce Dinner Photos (6/2/03)

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$45.5 million Rondout Schools Budget Vote (6/2/03)

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Budget Choices are Clear Cut in Rondout Valley (6/2/03)

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Ulster supervisors support towns' roles in project reviews (6/2/03)

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Water bogs down section of rail trai (6/2/03)

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Students Face Sex Charges (6/2/03)

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HERB GARDEN BASICS hosted by Catskill Native Nursery (6/2/03)

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Rochester Democratic Committee Seeks Candidates (6/2/03)

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Letters to the Editor   (6/2/03)

 
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Wawarsing ZBA rejects Kerhonkson/Rochester low income housing project

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Rochester Planning Board declines action on Proposed Mine Expansion

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LIttle Ones' Library to Host Third Birthday Bash

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Rondout Schools  to use state money to shrink levy

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Concern for farming family drove trooper to solve theft

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Local Scholar to Celebrate Emerson Anniversary

   

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ildflower Festival on May 17 (5/15/03)

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Property Taxes (5/13/03)

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An Idiot’s Guide to Catskill Casinos (5/13/03)

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Rochester Celebrates 300th Anniversary (5/13/03)

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Town Government Shuts Down Mine – In Saugerties (5/13/03)

 

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Uster County Tax Auction on May 22 (5/13/03)

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School Budget Vote and School Board Election Date now June 3 (5/13/03)

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No Action on Mobile Home Park Moratorium (5/13/02)

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Legal Notices (5/13/03)

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Earth Day Celebration on April 26 (4/25/03)

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Accord Resident Nicole Quinn's Play to Debut (4/25/03)

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Kerhonkson/Accord Chamber of Commerce Dinner (4/25/03)

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Draft Horse Association Spring Plow on April 26 in Accord (4/25/03)

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School Board Candidates (4/25/03)

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Letters to the Editor (4/25/03)

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Casino Designs Announced (4/20/03)

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Justice Orders Districts to have Lone Legislator (4/20/03)

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Sanctuary Takes in Refugees from Petting Zoo (4/20/03)

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Rondout Budget Assumes Current Aid (4/20/03)

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Letters to the Editor (4/20/03)

 
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Earth Day Clean Up is April (4/7/03)

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Indian Valley Little League Anniversary (4/7/03)

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Rochester Town Board Rejects Noise Ordinance (4/7/03)

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Rochester Committee to Look at Town Workers' Pay (4/7/03)

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Judge orders new Ulster district plan (4/7/03)

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Casino Gambling Forum in Marbletown (4/7/03)

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Dump truck hits car, injures officer (4/7/03)

 

 
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Town Board Rejects Mining Moratorium (3/31/03)

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Town Meeting to Be Held April 1 on Comprehensive Plan Revision  (3/31/03)

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School District Budget Hearings This Week  (3/31/03)

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Voters Approve $2.8 million School District Bond  (3/31/03)

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Woodstock Times Article on Casino Gambling  (3/31/03)

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Letters to the Editor  (3/31/03)

 
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Indian Valley Little League 50th Anniversary (3.29.03)

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DEC Issues Conference  (3.29.03)

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Rochester Residents Association Meeting (3.29.03)

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Marbletown Community Development Committee to Host Casino Discussion (3.29.03)

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County Legislature Approves 3-Year Gambling Contract Extension (3.29.03)

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Wawarsing Residents Question Supervisor on Casino Plans (3.29.03)

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Trailer Park Expansion - Moratorium Requested from Town Board (3.29.03)

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Letters to the Editor & Legal Notices (3.29.03)

 

 
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Letter Regarding Town Tricentennial (2/17/03)

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Trailer Park Expansion Public Hearing  (2/17/03)

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School District Bond Vote on March 27  (2/17/03)

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Animal Cruelty in Accord Update  (2/17/03)

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Town Hall Expansion Discussions  (2/17/03)

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Rochester Environmental Commission Proposes Noise Ordinance  (2/17/03)

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Board OKs Truck Purchases  (2/17/03)

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Troopers save tenants from blaze  (2/17/03)

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Conservation Easement in Alligerville  (2/17/03)

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Low Income Housing Project in Kerhonkson  (2/17/03)

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State School Aid to Decline  (2/17/03)

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National study says prisons do nil for rural economies  (2/17/03)

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Letters to the Editor  (2/17/03)

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Classified Ads  (2/17/03)

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Legal Notices  (2/17/03)

 
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Copies of Accord Fire District Budget Available (1/22/03)

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Two Hurt Fighting Kerhonkson Fire 1/22/03)

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Search for Missing Inmate 1/22/03)

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Missing Inmate Found Dead 1/22/03)

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Post Office to Elderly: Take a Hike 1/22/03)

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Wanted: Information on Rochester citizens in Armed Forces 1/22/03)

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Letters to the Editor 1/22/03)

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Legal Notices 1/22/03)


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Indian Valley Little League Registration (1/8/03)

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Washington DC Peace Rally, January 18 (1/8/03)

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Rock Mountain Farms/ Queens Highway Mine Update (1/8/03)

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Redistricting Petition Drive (1/8/03)

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Rochester Town Board Violates State Open Meetings Law (1/8/03)

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Town Solicits New Bids for Buildings Demolition (1/8/03)

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Gambling – A Bad Bet (1/8/03)

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Letters to the Editor (1/8/03)

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Legal Notices (1/8/03)

 

 

 

 

 

 

 

 

 

 

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Town Officials to be Sworn in on January 5th

Newly elected town board members and other town officials will be sworn in at the Town Board's Organizational Meeting, which will be held at 7:00 pm on Monday, January 5th at Town Hall.  All are welcome to attend.

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Town Board Votes to Create Adult Entertainment Zone in Kerhonkson

Following a public hearing during which all residents present expressed concern, the Town Board voted 4-1 to enact a law creating an adult entertainment zone on both sides of Route 209 between Queens Highway and Boice Mill Road.  Only one adult entertainment business is permitted per 6,000 feet, which means that only one business will be permitted along the stretch of road.  

 

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Town Board to Hold Public Hearing on Adult Entertainment Zone

In its last meeting before newly-elected officials take office on January 1st, the Rochester Town Board will hold a public hearing to discuss a proposed amendment of the town’s laws to allow for an Adult Entertainment Zone in the Town.  The proposed zone will include the section  of Route 209 between Queens Highway and Boice Mil Road and was dramatically reduced after public opposition to the original plan, which also included a section of Route 209 near Kyserike Road, near the entrance to Rondout Valley Schools.  The hearing will take place at 4:30 pm on Monday, December 29, 2003 at Town Hall.  All interested persons are encouraged to attend.

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Chelsea Motel owner, friend charged after man overdoses


A man who overdosed on heroin and was then dragged into an empty motel room recovered to accuse those who sold him the drugs, police said.
State police and local EMT's were alerted to the overdose by a 911 call and rushed the man to a hospital Thursday. After recovering, the man told police he shot heroin at an apartment attached to the Chelsea Motel in Wawarsing on Route 44/55.
The next day, police charged the motel proprietor, Kira Eck, 37, and her boyfriend, Todd Kantor, 34, with several drug charges.
The victim said that after he overdosed, the two suspects dragged him into an empty room, scraping and bruising his body.
Police obtained a search warrant Friday and found a small amount of heroin in Eck's apartment, police said.
Eck and Kantor face charge of criminal sale of a controlled substance, a felony, and several misdemeanors, including possession of a hypodermic needle, use of drug paraphernalia and assault.
The assault charge stems from minor injuries to the man when he was dragged.
They were arraigned before Wawarsing Town Justice Wayne Lonstein and sent to the Ulster County Jail in lieu of $20,000 bail or a $50,000 bond. (TH-Record 12/22/03)

 

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Legal Notice The Town of Rochester will hold a public hearing on December 29, 2003 at 4:30p.m. at the Town Hall re: A Proposed Local Law Amending the Code of the Town of Rochester to Allow for Adult Use Establishment within the Town of Rochester. Copies of the proposed local law in available for review at the Town Clerks Office. The audit/Workshop & End of the Year Business Meeting will immediately follow. By Order of the Town Board. Veronica I. Sommer Town Clerk/Tax Collector/RMC (12/5/03)

Legal Notice Please take notice that the Town of Rochester Town Board will hold the Organizational Meeting on 1/5/04 at 7:00pm at the Town Hall. By Order of the Town Board Veronica I. Sommer Town Clerk/ Tax Collector (12/10/03)

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NOTICE is hereby given that a license for On Premises Liquor has been applied for by the undersigned to sell Beer, Wine and Liquor under the Alcoholic Beverage Control Law at, 5945 ROUTE 44-55, KERHONKSON, NY 12446 for On Premises consumption. The Trails End of Ulster, Inc. D/B/A The Trails End 5945 Route 44-55 Kerhonkson, NY 12446. (Freeman 12/22/03)

 

 

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Indian Valley Little League is seeking Managers to fill vacancies in our Major Baseball &Softball programs. Ideal candidates would be those with children who will be eligable to play in the Major division for the first time this season or who played in the Major Minor program last season  and plan on trying out for the Major program this coming season. All are welcome to apply.  Those interested must attend the Board of Directors meeting on Monday 12-15-03 @ 7:30PM at the Accord Firehouse. For further information contact Joann Redmond, League President   626-3914  or Ron Naccarato, Information Officer   626-3287.

 

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Accord Fire District Elections

Challenger Steve Schoonmaker defeated incument Ted Fina by a 2:1 margin in an election for a five-year term on the Accord Fire District’s Board of Fire Commissioners held on December 9th.

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Please be advised that the organizational meeting of the Accord Fire District shall take place on January 7, 2003, at 7 P.M. at the Co. 1 Fire House. Alexander Chalm  (Freeman 12/18/03)

   

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Legal Notice The Town of Rochester will hold a public hearing on December 29, 2003 at 4:30p.m. at the Town Hall re: A Proposed Local Law Amending the Code of the Town of Rochester to Allow for Adult Use Establishment within the Town of Rochester. Copies of the proposed local law in available for review at the Town Clerks Office. The audit/Workshop & End of the Year Business Meeting will immediately follow. By Order of the Town Board. Veronica I. Sommer Town Clerk/Tax Collector/RMC (12/5/03)

Legal Notice Please take notice that the Town of Rochester Town Board will hold the Organizational Meeting on 1/5/04 at 7:00pm at the Town Hall. By Order of the Town Board Veronica I. Sommer Town Clerk/ Tax Collector (12/10/03)

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Certified Election Results

The Ulster County Board of Elections released the certified election results for the November 4, 2003 general election:

 

Supervisor

Pam Duke           876            (Democrat & Rochester First)

Richard Gray          834          (Republican)

Harold Lipton          376          (Conservative)

 

Highway Superintendent

Wayne Kelder          1856

 

Town Justice

Albert Babcock III          1743 (Republican, Democrat & Conservative)

 

Town Councilman (two seats open)

Ron Santosky           1027          (Republican & Conservative)

Francis Gray             1007          (Democrat & Rochester First)

Steve Fornal            886          (Democratic, Independence & Rochester First)

Brian Drabkin            721          (Republican)

Leon Smith               315          (Conservative)

 

 

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Local Artists’ Work Featured at Smithsonian and on History Channel

 

History Channel - America on the Move

November 29th @ 8pm

 

Atta Studio has completed our year long project for the Smithsonian Institution’s National Museum of American History and are pleased to announce the

opening of this permanent exhibit on Nov. 22nd 2003 as well as a program documentary on the making of “America on the Move” by the History Channel. This hour

long special aired on Saturday Nov. 29th @ 8pm. Tune in to “see how we got there” with a locomotive from the 1870’s to automobiles from the 1970’s. Atta created all of the seventy three figures and animals in the exhibit. We hope that you will watch this fascinating documentary of the making of this project and visit this permanent exhibit sometime soon.

 

Atta, Inc. is a NY-based design company owned by Accord residents Karen Atta and Roseanne Percivalle.  The owners also have started art lessons at the Melange Art Studio (formerly Pot Luck).  For more information on art lessons, call 845-626-5712.  The company’s website is: www.attainc.com

 

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Notice is Hereby Given that the Zoning Board of Appeals of the Town of Rochester will hold a public hearing on the 9th day of December, 2003, commencing at 7:00 P.M., at the Town Hall, 50 Scenic Road, Accord, NY, on the following Application: Richard Cross & Maria Messina, Area Variance for side yard setback for garage, Accord, 40 Boodle Hole Road, Tax Map #68.4-1-11, R-1 District of the Zoning Map, The above noted application and map are open for inspection at the offices of the Zoning Board of Appeals and Town Clerk, Accord, NY. Persons wishing to appear at such hearings may do so in person or by attorney or other representative.

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Arrowhead Farm for Sale

The historic Arrowhead Farm on Route 209 has been listed for sale by the Davis Family.  The property features 244 acres, Rondout Creek Frontage.   The asking price is $3 million. 

http://www.nutshellrealty.com/ezapp/idxsearch/ListingDetail.cfm?id=5689

 

 

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Rochester’s Community Center to Host Thanksgiving Luncheon

The Town of Rochester Community Center will host a Community Thanksgiving Luncheon on Thursday, November 27th from 11:30 am to 2:00 pm.  All residents are welcome to join us for a delicious home cook turkey dinner with all the “fixin’s.”  The luncheon is free and open to all, but reservations are advised, please call 626-2115 for reservations.   [Take outs with delivery is available for those with special needs, please call by November 19th]

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Letter to the Editor

Dear Editor,

I haven't heard anything about the Red Light amendments lately...but am grateful to the Blue Stone Press for printing all the details.

   I'm grateful to the Ulster County Zoning Board for returning the proposed amendment and suggesting several changes. I agree, of course, that separation

from schools, libraries, etc. should be added, and that greater restrictions should be placed on cabarets vs. bookstores, the space designated be limited

further, and that the amendment should be very detailed & very clear.    The suggestion about signage is so important that I think all signs on 209

should be restricted, not only the size, but number on the building & freestanding signs per establishment, height, distance from the actual roadway,

..even color, style & materials could be restricted. (Note the example of the gross sign just placed on the new shed-like building on 209 in Ellenville.) Signs

that are too tall obscure the beauty of our landscape, and signs that are too close to the road force people to walk in the roadway to get around them. Also,

condition of all signs should be considered...The recently painted sign at the Terrace Motel in Ellenville is a big improvement, but there is still another

rusty pile of metal that is an eyesore, giving the town a junky look to everyone driving up 209 toward Kingston.   

   C Hillman, Kerhonkson

 

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Closest Supervisor Race in Recent History -- an 11 Vote Margin

 

Unofficial election results from the Ulster County Board of Elections indicate the following with all Rochester voting districts having reported.  Not all

absentee ballots have been received yet -- they are must be received by November 10th for civilians and one week later for military voters.  Absentee

ballots are, however, expected to break in favor of the Democratic challengers.  Official results are expected on November 13th.

 

Full results are available online at www.co.ulster.ny.us

 

*** indicates preliminary winner

+ indicates incument

 

Supervisor

Pamela Duke 833 *** (Democrat/Rochester First)

Richard Gray 822 (Republican)

+Harold Lipton 367 (Conservative)

 

Highway Supt.

+Wayne Kelder 1796 *** (Unopposed)

 

Town Justice

+Albert Babcock III 1685 *** (Unopposed)

 

Town Board

+Ron Santosky 1006 *** (Republican/Conservative)

Francis Gray 966*** (Democratic/Rochester First)

Steve Fornal 844 (Democratic/Rochester First/Independence)

+Brian Drabkin 711  (Republican)

Leon Smith 315 (Conservative)

 

Ulster County Legislator District 1

+Sue Cummings*** (Republican/Conservative)

Joe Stoeckeler*** (Democratic & others)

+Gerald Depew*** (Republican)

Theresa Hyatt*** (Democratic & others)

 

defeated

 

Mel Tapper (Republican & others)

Steve Krulick (Democratic & others)

Maureen Sheehan (Democratic)

+Edward Jennings (Republican)

 

 The county wide referendum in favor of reducing the size of the county legislature passed as did the referendum to move to single member districts after the 2010 census results.

 

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Melange Art Studio and Local Artists Offer Classes

 

Melange Art Studio, located in the former Pot Luck space on Main Street in Accord, is offering art classes.  The program is also looking for people interested in teaching at the studio.  Included in the course offerings is a five week Saturday class entitled, "Self Expression in Mixed Media" that begins on November 22 from 12:00 noon to 2:30 pm.  The course will focus on finding your individual style in your choice of media -- oil, acrylic, watercolor, pastel, charcoal, etc. working from still life, models, or photographs.  Develope sketches for paintings with focus on composition, light and color.  Beginner through advanced students are welcome from ages 13 and older.  The course fee is $50.00 payable in advance of the first class.  

 

Materials needed:

For the first class bring a general all purpose sketch pad 11x14 or larger and 2 pencils (4B & 6B) or a newsprint pad and charcoal pencils or charcoal

sticks. After the first class, we will determine what media each person will work in and what you will need for the next class.  If you wish to begin painting

right away, bring a small canvas (11 x 14) or larger and paints and brushes.  For those using watercolor you can purchase a watercolor pad or paper in a size

that you are comfortable working in. For beginners it is suggested that  you bring the general sketch pad and pencils and we can begin there.

A Saturday art class for younger students aged 6-12 will begin in January.  

 

For more information, please call instructor Roseanne Percivalle at 626-5712

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Kerhonkson Accord First Aid Squad Training Center will offer the following classes-

First Aid- 4 hour class- Nov. 8th

CPR- Nov. 12th &19th- must attend both unless renewing certification

Call 626-3023 for info or to register

 

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Kerhonkson Man Charged in Arson in Upper Cherrytown Road Fire

WAWARSING - A Kerhonkson man was charged with setting a fire that destroyed a neighbor's home last week.

John J. O'Riley, 47, of 335 Upper Cherrytown Road, was charged Friday with felony arson.
State police at Ellenville said the charge against O'Riley came at the conclusion of an investigation into a suspicious residential fire that occurred at 336 Upper Cherrytown Road on the evening of Oct. 25. The house was destroyed in the fire though the residents were not at home at the time of the blaze, police said.

The family who was displaced from the home was put up at the Super 8 Motel in Kingston for three days by the American Red Cross, police said. Information on where the family is currently staying was unavailable.

O'Riley had been arrested immediately after the fire on charges of menacing and resisting arrest, both misdemeanors. Police said O'Riley, during an interview at police barracks, had menaced a trooper and resisted arrest. He was arraigned in Ellenville Village Court and sent to Ulster County Jail on $5,000 bail. He was charged with arson during a court appearance Friday in Wawarsing Town Court. After that arraignment he was sent back to the jail on $10,000 bail.  (Freeman 11/2/03)

 

Suspicious house fire investigated
Fire officials are investigating a suspicious fire that destroyed a house on Upper Cherrytown Road Saturday night.
Accord fire Chief Joe Bauer said the fire was called in by a neighbor at 7 p.m. The two-story house was engulfed with flames when firefighters arrived.
The house had been on fire for a while before firefighters were called. Bauer said the house is down a long, narrow driveway and not easily seen from the road, making it even more difficult for fire trucks to get in. Firefighters from Kerhonkson, Olive, Napanoch, Kripplebush and High Falls assisted Accord.
Firefighters were there until 12:30 yesterday morning cleaning up.
Bauer said the house appeared to be under renovation, but no one was living there at the time.
The fire is under investigation by the Ulster County Arson Task Force and state police in Ellenville. Further details were not available. (TH-Record 10-27-03)

 

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 Wawarsing Cited after Raw Sewage Discharge

 

An equipment failure at the Town of Wawarsing's sewage pump station in Kerhonkson sent about 10,000 gallons of raw sewage spilling into the Rondout Creek from Saturday through Monday.
Lt. Deming Lindsley, of the Department of Environmental Conservation police, said two pumps at the station at Main Street and Berm Road failed about 10 a.m. Saturday. The alarm system was either broken or turned off at the time.
With the pumps out of service, sewage began pouring into the nearby creek, which feeds into the Hudson River in Kingston.
Lindsley said a sewer department employee doing checks on Saturday noticed the main plant wasn't getting sewage from the Kerhonkson station. The worker checked Kerhonkson and tried to reset the pumps, but the system tripped again after 30 seconds.
The town is required to notify the DEC within 24 hours of a sewage discharge, Lindsley said, but that didn't happen.
"We found out about it from John Q. Public," Lindsley said. "A private citizen contacted us" on Monday. By Tuesday, the town had brought in three septic trucks to pump out the sewage, to prevent further discharges into the Rondout.
Yesterday, the DEC issued five tickets to the town: discharge of sewage without proper state pollutant discharge elimination system permits and contravention of water standards, misdemeanors; and three counts of violating the terms of the town's existing permit, a violation. Lindsley said the violations refer to failures to provide proper preventive maintenance, properly train workers or notify the DEC of the spill.
The DEC will handle the case through administrative measures, Lindsley said. The town is scheduled to answer the charges Nov. 13 at the DEC's regional headquarters in New Paltz. (TH-Record 10-31-03)

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Legal Notices 

 

PLEASE TAKE NOTICE that the Annual Fire Commissioners Election for the Accord Fire District will take place on December 9, 2003 between the hours of 6 P.M. and 9 P.M. at CO. 1 & 2 fire houses, for the purpose of electing one (1) Commissioner for a five (5) year term commencing on January 1, 2004 and ending December 31, 2008. All duly registered residents of the Accord Fire District shall be eligible to vote. Candidates for the district office shall file their name in writing with the Secretary of the Accord Fire District, Alexander Chalm, P.O. Box 163, Accord, N.Y. 12404, no later than November 19, 2003. Alexander Chalm Fire District

 

 

"NOTICE IS HEREBY GIVEN, that the Planning Board of the Town of Rochester will hold a public hearing on the 18th day of November 2003, commencing at 7:00 PM, at the Town Hall, 50 Scenic Road, Accord, NY, on the following application: Taroh Holding Inc., c/o David OHalloran, 6 lot subdivision to be known as Water Falls Estates, Water Falls Road, Kerhonkson, Tax Map # 68.3-1-62, and in an A District of the Zoning Map. The above noted application and map are open for inspection at the offices of the Planning Board and Town Clerk, Accord, NY. Persons wishing to appear at such hearings may do so in person or by attorney or other representative. Should this meeting be canceled, the public hearing will be held by the Planning Board at a workshop meeting on November 25, 2003 at 7:00 PM, at the Town Hall, (Freeman 11/4/03)

 

 

"NOTICE IS HEREBY GIVEN, that the Planning Board of the Town of Rochester will hold a public hearing on the 18th day of November 2003, commencing at 7:00 PM, at the Town Hall, 50 Scenic Road, Accord, NY, on the following application: Susan Jarvis, c/o Anthony Jarvis, Jr., Special Use Permit, fuel storage facility, 4236 Route 209, Accord, Tax Map# 69.3-2-17.11. The above noted application and map are open for inspection at the offices of the Planning Board and Town Clerk, Accord, NY. Persons wishing to appear at such hearings may do so in person or by attorney or other representative. Should this meeting be canceled, the public hearing will be held by the Planning Board at a workshop meeting on November 25, 2003 at 7:00 PM, at the Town Hall, Accord, NY." (11/4/03)

PLEASE TAKE NOTICE That the Town Board of the Town Rochester will hold a public hearing on the 2004 proposed budget on November 6, 2003 at 7:00pm at the Town Hall. Pursuant to Section 113 of Town Law, the proposed salaries of the following Town Officials are hereby specified as follows: Supervisor $19,000 Councilpersons (4 each at $4,250) $17,000 Town Clerk $34,200 Superintendent of Highways $37,248 The Town Board Meeting will immediately follow. BY ORDER OF THE TOWN BOARD Veronica I. Sommer Town Clerk/ Tax Collector/RMC (Freeman 10/27/03)

 

 

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Letter from Stone Ridge Library on New Membership Fees

 

Dear Town of Rochester Residents:

 

Just over one-third of the patrons of the Stone Ridge Library live in the Town of Rochester.  However, only one-fifteenth of the $150,000 in funding that

the Library receives from towns comes from Rochester.  For a number of years the Library board has sought an increase to bring support from Rochester in line

with that of Marbletown without success. The Library board has reluctantly notified the Rochester town board that we will not be able to continue

contracting with Rochester to provide library services under the current arrangement.

 

Our Rochester patrons are an important part of the library community and we want to continue providing our services to you.  Thus, we will be returning to

a membership program for Rochester patrons similar to the one used for many years. As of January 1, 2004, Rochester residents can continue to receive a

Stone Ridge Library card and full services for an annual fee of $40 per household.  There will be a student membership for $25 per year.  On November 1 of this

year Rochester residents may begin signing up for their 2004 membership at the Library. With this membership, you will continue to be able to check out

books, request books and other materials online, use web-based databases and participate in programs such as the children's reading program just as before.

 

The general membership fee is approximately what a Marbletown household living in a modest home pays in library support.  We have worked closely with a

group of Rochester residents and Library patrons to find a system that comes close to parity between Rochester library users and Marbletown resident and which

will be straightforward for both patrons and the Library to understand and to use.

 

The Stone Ridge Library board and library staff look forward to serving the library needs of our many Rochester patrons for years to come.  We encourage

you to sign up for your membership before current cards expire on December 31.

 

On behalf of the Stone Ridge Library Board,

 

James Hoover

President

 

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 Letter to Metro Recycling

Metro Recycling

Mark Servidone, President

1364 Route 9

Castleton on Hudson, NY 12033

 

Re:  Mining on Queens Highway in Accord, NY

 

Dear Mr. Servidone:

 

I note that you have received the permit that you sought to reopen the mine on Queens Highway in Accord, NY.

 

You still have the option to not do that, however.  I hope you will take that option.  Whatever money you might make on this mine couldn’t possibly be worth the damage that the mining operation will surely cause in the lives of the people who live near it.

 

I understand that various reports regarding environmental impact, etc. have come back in your favor.  Nevertheless, it takes no studies at all to know for a fact that the mine will cause irreparable hurt to the people whose homes are nearby.

 

Sincerely,

 

 

Cora R. Roth

Kerhonkson

 

 

 

Hi,

Re the proposed "adult entertainment" district...can we limit it even more?  Can it be place only away from: residences, churches, schools, sports arenas, and public parks?

Can it be limited to streets off of Rt 209, not on it...having such businesses on public view on 209 will give the town a reputation I don't think we would want.

 

Of course, I would rather such use be limited to Accord, but I suppose they would like it limited to Kerhonkson.... Don't we have any say in how this new law is written? I agree that we need some kind of limitation, but why don't we have something to say about that?

What can we do?

 

C Hillman, Kerhonkson

 

 

Dear Editor:

 

I recently picked up a flyer for the four Republican candidates for County Legislature from Wawarsing, Ellenville and Rochester. The curious thing about it was that they didn’t mention anywhere in the flyer that they were Republicans. What are they ashamed of?

 

Could it be the County Republicans’ dismal record in keeping expenses and taxes under control or their support of sweetheart deals such as the $70 million or $80 million or $90 million jail.  The multimillion dollar new probation building on Broadway complete with a (now toned down) copper roof, the multimillion dollar Person House restoration with no planned use, the overlooked Courthouse roof especially after a multimillion dollar building rehabilitation and the new West Hurley bridge facility that will keep taxpayers paying and paying.  And, what about the huge increase in county taxes last year and the increase in sales tax.  What about the re-districting fiasco, and the bogus agenda changes and all the closed door meetings?  Or, perhaps, it’s the shameful way they crammed the casino project down our throats – with no public hearings!

 

The Republicans have been in power far too long – witness Al Spada running unopposed for his 10th four year term as County Clerk (unfortunately, the Democrats have allowed this to happen).  Certainly someone in Ulster County would have liked – and would have been more capable to handle such a plum of a job – high salary, minimal work and incredible benefits at Taxpayer expense.  There aren’t that many jobs like it in all of Ulster County.

 

How long has Sue Cummings been in office?  Is she really working FOR the people?  I think not.

 

It is WRONG for these public servants to be so blatantly abusive to the TAXPAYERS.  The closed door meetings, arrogant behavior, and fiscal irresponsibility must STOP.

 

Last night, Rochester had a “meet the candidates” night.  I was stunned that none of the candidates endorsed by the Republican Party showed up.  This deceitful, arrogant, immature behavior is deplorable.  Rick Gray can play with his horses at public events but he can’t even show his face when thousands of people’s lives and their quality of life is often at the mercy of elected public servants.  If an employee in private business behaves in such a disdainful manner, he would be fired.

 

Government in this area is completely out of control.  Does anyone feel like they are a part of what’s happening? Are our largest investments – our homes – being put in jeopardy by greedy, arrogant politicians?

 

I have been a registered Republican for 43 years.  I cannot vote for the Ulster County Republican Party.  I now also have to worry about government in my hometown.  I need to vote for people that I believe will represent me, my values and will fight for the quality of life that I so desire in Ulster County.

 

I hope all constituents will think very, very carefully about the “person” – not necessarily Party when they are pulling the voting lever.

 

We need open, honest leadership.  Remember democracy is government FOR the People, BY the People.  It is up to each and every one of us to keep it that way.

 

Make sure you get out to vote.  It is a precious privilege.

 

Ruth Bendelius

Accord

 

 

 

Where were the Republicans in Rochester?

 

     You can’t miss the fact that Election Day is nearing, signs and billboards for County and Town candidates are everywhere. So it would seem like logical thinking that ALL CANDIDATES would want to participate in a moderated “Meet the Candidates Night” forum in the Town of Rochester. Well, the Blue Stone Press thought enough of it to offer to host such an event. Their letters of invitation to the candidates were accepted by only the Democratic/Rochester First candidates and one other candidate. Citing a lack of attendance by ALL candidates the BSP withdrew their offer of sponsorship for the event.

     Some people in town felt strongly enough that this forum was the best way for the voters to ask ALL the candidates questions and sent word to ALL the candidates that they would like to hold the event without sponsorship (with the same moderated format as was originally presented by the Blue Stone Press ). An impartial moderator was contacted from out of town, the Firehouse was booked, and announcements posted around town. To ensure fairness to ALL candidates; all questions were to be put in writing by the audience members, approved by a representative for each candidate, and asked by the moderator. Sounds like a very fair, informative evening in which ALL candidates had the opportunity to express their views on the issues. Sounds like open government in action.

Except the Rochester Republicans didn’t show.

After agreeing to be a part of the forum, the Republican candidates withdrew just a few days before the event with no explanation. In fact, only the Democratic/ Rochester First candidates Pam Duke, Steve Fornal, Francis Gray, and one Conservative candidate, Harold Lipton, had enough respect for the voters to attend.

     Why didn’t the Republicans attend? I couldn’t ask them because they weren’t there. Were they afraid of having to face the voters in person and answer questions that might remind voters of their past inaction? Were they worried that voters would ask about their past lack of accountability to the residents? Is this some insight into how these candidates would govern our town….by not being available and not showing up? Doesn’t sound like people I’d want controlling my town government.

      I applaud Pam Duke, Steve Fornal, Francis Gray, and Harold Lipton for being accountable to the taxpayers by answering questions from the very people they are asking to vote for them. (The videotape of the event will be shown on Time Warner Cable Ch. 23 at 7pm on Mondays)

     That is why it’s time to change the face of Town of Rochester politics. It’s time to move forward and elect town officials who will govern for all residents. Elected officials who will listen to the residents, effectively working together to solve our town’s problems. Elected officials that will seek new and innovative ways to achieve fairness for all taxpayers. Elected officials that will seek out grants and apply for federal, state, and private funding.

Elected officials that will be accountable to the taxpayers.

Elected officials that will take responsibility for their actions.

Sound like logical thinking to you? Guess you must not be voting Republican this year.

 

Before voting November 4th, please remember which candidates will be accountable to you. Please vote for the best candidates for Rochester government.

Please vote for Pam Duke, Steve Fornal, and Francis Gray on November 4th. Candidates with respect for you, the taxpayer

 

Michael Baden

Kerhonkson

 

 

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“Meet the Candidates Night” to be Hosted by Blue Stone Press

The Blue Stone Press has invited candidates for town office in the Town of Rochester to participate in a “Meet the Candidates Night” on Tuesday, October 14th.  The forum will be moderated by Andrew Lutz and will take place at 7:00 pm at the Accord Fire House on Main Street in Accord.  The event is free and everyone is encouraged to attend. 

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Meeting on Mining to Be Held September 27

The DEC released its decision on Metro Recycling’s application to operate a 400 ton/hr rock crusher at its mine on Queens Highway.  The DEC determined that the issues raised by the Rochester Residents Association at the March 2003 Issues Conference were insufficient to prevent the issuance of the permit requested by Metro. 

 

The Rochester Residents Association will hold a neighborhood gathering to discuss the decision and further options.  Everyone is encouraged to attend. 

 

The event will be held at the home of Mark and Maria Lybolt, 11 Rock Mountain Estates, (Off Queens Hwy, approx. 1.2 miles from Route 209) on Saturday, September 27 from 4 to 6 pm.  Refreshments will be served and all are welcome.  For further information call 626-3285 or email: Resident@Accord-Kerhonkson.com

 

New Independent Political Party in Rochester

A group of voters in the Town of Rochester established a new political party in time for the November 4, 2003 town-wide elections.  Organizers of the new party, called “Rochester First” collected a sufficient number of signatures in a petition drive to ensure that the party will be included on the November ballot.

 

“We are extremely pleased by the overwhelming response to this new independent party.  Our town wants elected officials who will address our town’s needs in a non-partisan proactive way.” said Brinton Baker, one of the organization’s organizers.  “We exceeded the minimum number of required signatures by more than 50%,” Baker said.  “These signatures came from Republicans, Democrats, Conservatives and independents and represent a broad cross-section of our community.”

 

The party selected Pam Duke to be its candidate for Supervisor and Steve Fornal and Francis Gray to be its candidates for two seats on the Town Board.  Baker said, “we need elected officials who will take care of the basics and who have the capability to look at our town’s broader long-term needs.  I think that the Rochester First candidates fit that bill and we look forward to helping them get elected.”  For more information email: RochesterFirst@hotmail.com

 

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New Officers for Kerhonkson Lions

The Kerhonkson Lions have installed a new slate of Officers for 2003-2004

Marge Carroll is the newly elected President and the first Lady Chairperson of the club in 55 years.

Dr. Bipin Bhavsar is the Vice President.

John C. Motzer is Secretary

A. Richard Terwilliger is the Treasurer, for the 25th Year.

Ed Lamon - Jack Macauley and Carlton Schoonmaker are the directors.

The Lions Club meets on the 2nd and 4th Thursdays of each month. The 4th Thursday is a dinner meeting, held at the Log Cabin. Anyone interested in the club may come and listen in at the meeting.  The Lions Club is working on the rail trail and revitalization of the hamlet of Kerhonkson. Our sight and hearing projects are ongoing and our fundraisers support those efforts. Used Eyeglasses, hearing aides and cell phone batteries may be dropped at the Kerhonkson or Accord Post Offices.

 

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Catskill Native Nursery to hold classes

Catskill Native Nursery has had enough interest to offer an encore of the following workshops:

Concrete Pavers/Stepping Stones- Sunday October 12th 10:30-12 Cost $55

Natural Soap Making- Saturday October 18th 10:30-12 Cost $25

Hypertufa Troughs- Sunday October 19th 10:30-12 Cost $55

Crazy Mosaics - Saturday October 25th 10:30-12 Cost $25

If you would like more details please go to www.catskillnativenursery.com or call  845-626-2758 or 626-3502 or write info@catskillnativenursery.com

 

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Shooting in Accord

A 26-year-old Kerhonkson man was shot in the leg after an argument with another man turned violent yesterday, police said.
The victim, Joshua Stuart of 12 Pine Lane, became embroiled in an argument with Jared Conklin, 22, of 44 Samsonville Road, in front of an Accord home early yesterday morning, state police troopers said.
Stuart punched Conklin, who immediately pulled out an unregistered 0.38-caliber revolver from his car trunk, police said. Stuart was shot once in his upper left leg; Conklin fled in his vehicle.
Police learned of the incident when Stuart was taken to Westchester Medical Hospital.
Conklin later surrendered to troopers at the Ellenville barracks. He will be arraigned on charges of first-degree assault, criminal use of a firearm, and criminal possession of a weapon, all felonies.
An investigation is continuing.

 

A 22-year-old Kerhonkson man was charged early Saturday with assault and other felonies after he shot a man in the left leg during a fight, police said.
Jared Conklin [of 44 Samsonville Road] is accused of wounding Joshua Stuart, 26, in the upper left leg during an early morning incident outside a home in Accord.
Stuart punched Conklin, and Conklin removed an unregistered .38-caliber revolver from his car trunk, shot Stuart and fled in his vehicle, state police in Ellenville said.
A short time later, Conklin surrendered to troopers at the Ellenville barracks.
State police found the weapon in the Town of Wawarsing.
Conklin will be arraigned on first-degree assault, first-degree criminal use of a firearm and third-degree criminal possession of a weapon, all felonies.
Stuart was admitted to Westchester Medical Center in Valhalla. (TH Record 9/14/03)

 

 

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Man hits head, drowns in popular swim spot


A New Paltz man drowned in a popular swimming hole after hitting his head on a rock ledge on his way down, Ulster County Sheriff's deputies said.
Don Marron Jr., 29, was transported to Benedictine Hospital, where he died.
Marron and a friend were at Rondout Creek Friday when Marron jumped and struck his head on a rock ledge, police said. His friend unsuccessfully tried to rescue him from the falls off Bruceville Road.
A witness called 911. The Ulster County Sheriff's Dive Team and the Ulster Hose Dive Team recovered Marron from the creek. State police, Marbletown Fire, Marbletown rescue and Mobile Life assisted. (TH-Record 9/14/03)

  

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Trailer Park Moratorium Hearing

On September 4th, the Rochester Town Board conducted a public hearing on a proposed moratorium on the creation of new or the expansion of existing multiple home trailer parks.  More than 80 people attended the hearing.  Many of the opponents to the moratorium came as the result of an inflammatory anonymous letter that was sent to owners of mobile/manufactured homes on single plots of land. Such homes were not the subject of the moratorium.  After a heated debate, the Town Board decided to table the discussion.  The moratorium was suggested by members of the Rochester Residents Association, who cited the need for a detailed tax and economic analysis of such multiple-unit rental parks.  The moratorium has been supported by numerous other groups, including the Town of Rochester Planning Board.  

 

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New Independent Political Party in Rochester

A group of voters in the Town of Rochester established a new political party in time for the November 4, 2003 town-wide elections.  Organizers of the new party, called “Rochester First” collected a sufficient number of signatures in a petition drive to ensure that the party will be included on the November ballot.

 

“We are extremely pleased by the overwhelming response to this new independent party.  Our town wants elected officials who will address our town’s needs in a non-partisan proactive way.” said Brinton Baker, one of the organization’s organizers.  “We exceeded the minimum number of required signatures by more than 50%,” Baker said.  “These signatures came from Republicans, Democrats, Conservatives and independents and represent a broad cross-section of our community.”

 

The party selected Pam Duke to be its candidate for Supervisor and Steve Fornal and Francis Gray to be its candidates for two seats on the Town Board.  Baker said, “we need elected officials who will take care of the basics and who have the capability to look at our town’s broader long-term needs.  I think that the Rochester First candidates fit that bill and we look forward to helping them get elected.”  For more information email: RochesterFirst@hotmail.com

 

 

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 Rochester Conservative Party Primary Election Results

 

County legislator
District 1 – Marbletown, Rochester, Wawarsing
(Four seats)
Conservative
*Edward Jennings Jr. 36
*Susan Cummings 34
Joseph Stoeckeler Jr. 36
*Gerald DePew 39

 

The September 9 Conservative Party primary election was conducted as a result of a petition drive by Republican candidate Mel Tapper to have his name placed on the ballot. 

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Letters to the Editor & Legal Notices

Mr Case,

 

Why do you bellow out disguised racism such as ‘white trash’ and ‘smelly grubby children’? You enter prejudices into the argument, why? And you use the division of rich against poor as your base argument, is that the best you can do? If you’d loosen up you might find out a moratorium helps discover facts and could make poor people aware that as far as financial security and solid investment is concerned, a trailer don't make it. A stick build on brought land, for the same amount of cash as a constant depreciating trailer, aids the American dream. Yes commitments and obligations are part of that dream, big deal.  Your dream intimidates others to pick up the tab for slum landlords. This moratorium should wish people far more then that, unless you're a tax evading trailer park owner.

 

Bill Dukas

Kerhonkson

 

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"NOTICE IS HEREBY GIVEN, that the Zoning Board of Appeals of the Town of Rochester will hold a public hearing on the 15th day of September, 2003, commencing at 7:00 p.m., at the Town Hall, 50 Scenic Road, Accord, NY, on Application by Troy Buley for Area Variance for fence height located at 15 Meadow Brook Lane, Stone Ridge, Tax Map #69.3-2-4.32, and in an R-1 District of the Zoning Map. The above noted application and map are open for inspection at the offices of the Zoning Board of Appeals and Town Clerk, Accord, NY." Persons wishing to appear at such hearing may do so in person or by attorney or other representative. (Freeman 9/2/03)

 

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NOTICE IS HEREBY GIVEN that the Town of Marbletown Planning Board will hold a Public Hearing at Town Hall, Stone Ridge, New York, on Wednesday, September 10, 2003 at 7:00 p.m. for the purpose of considering, pursuant to Section 276 of Town Law, application for approval of the following plats: Subdivision of land and lot line adjustment of Randy Hornbeck, consisting of 9.004 acres out of 66.624 acres, located Whitelands Road. By order of Paul R. DiGrazia, Chairman (Freeman 8/31/03)

 

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PLEASE TAKE NOTICE THAT THE TOWN OF ROCHESTER IS SEEKING Sealed bids for Contract No. TR-031, Improvements to Barry Lane, Town of Rochester Highway Department, Town of Rochester, Ulster County, New York, are sought and requested as set forth in drawings and specifications prepared by Brinnier and Larios, P.C., 67 Maiden Lane, Kingston, New York 12401. The project consists of Paving, Drainage Improvements and Appurtenances. Separate sealed proposals completed on forms provided with the Contract documents shall be received by the Town of Rochester, New York at the Town Hall until 10 a.m. oclock on September 24, 2003 at which time they will be publicly opened and read aloud. Bids received after the designated date and time will be considered unresponsive and returned to the bidder unopened. All of the contract documents, including Instructions to Bidders, Proposal Forms, General Conditions governing the contract, drawings and detailed specifications, may be examined at the office of Brinnier & Larios, P.C., P.O. Box 3720, 67 Maiden Lane, Kingston, New York 12402 or at the office of of the Town Clerk, Town Hall, 50 Scenic Road, Po Box 65, Accord, New York 12404. Copies of these documents may be obtained upon payment of $40.00 per set. All payments shall be made payable to Brinnier & Larios, P.C. Payment for documents represents reproduction costs and therefore is non-refundable. Contract documents will be sent via first class mail upon receipt of a request with a $50.00 payment which includes postage and handling. Each bidder must deposit with his bid, security in the amount of not less than five percentum (5%0 of the base bid in the form of a certified check or bid bond subject to the conditions of this contract. The successful bidder shall furnish a Performance Bond and Labor and Material Payment Bond in the amount of 100% of the accepted bid as set forth in the Bid Form. These Bonds shall be in compliance with the Specifications and the bidder shall be required to submit with his bid the completed form in the specifications entitled, "Performance Bond Information Form. The bidder, by signing the proposal, certifies that his is fully aware of the State Laws regarding the non=collusion bidding certification. No separate forms will be required, but the actual signing of the proposal includes such a statement and is included in the proposal. The Town Board expressly reserves the right to waive any informalities in or to accept any bid, or to reject any and all bids, or to award on any or all items, as the interest of the Town of Rochester may appear to require. The Town of Rochester is an exempt organization under the Tax Laws and is exempt from payment of Sales and Compensating Use Taxes of the State of New York and Cities and Counties of the State of all materials which are to incorporated into the sewer project, pursuant to the provisions of the Contract. Theses taxes are not to be included in the Bid. No bidder may withdraw his bid within 45 (forty-five) days after the actual date of the opening thereof. By order of the Town Board, Town of Rochester Date: 9-5-03 Veronica I. Sommer Town Clerk, RMC (9/8/03)

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LEGAL NOTICE OF ESTOPPEL The bond resolution, a summary of which is published herewith, has been adopted on September 4, 2003 and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Rochester, Ulster County, New York, is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such obligations were authorized in violation of the provisions of the Constitution. A complete copy of the resolution summarized herewith is available for public inspection during regular business hours at the Office of the Town Clerk for a period of twenty days from the date of publication of this Notice. Dated: Accord, New York, Sept. 4, 2003 Veronica I Sommer Town Clerk/ RMC BOND RESOLUTION DATED SEPTEMBER 4, 2003. A RESOLUTION AUTHORIZING THE PURCHASE OF A FRONT LOADER INCLUDING INCIDENTAL EQUIPMENT AND EXPENSES IN AND FOR THE TOWN OF ROCHESTER, ULSTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $90,000 AND AUTHORIZING THE ISSUANCE OF $90,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. Specific object or purpose: Purchase of a front loader Period of probable usefulness: Five years Amount of obligations to be issued: $90,000 bonds. (9/7/03)

 

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Trailer Park Moratorium on Wednesday, September 4th

The Town Board will discuss a proposal to adopt a ban on the expansion of existing multiple unit trailer parks and the creation of new multiple unit trailer parks in our Town. Please come to show your support for this moratorium.  Wednesday, September 4, 7:00 pm Town Hall, Accord.

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Conservatives Select Lipton

The Town of Rochester Conservative Party held their caucus on August 27 at the Grange Hall with a packed house of over 40 in attendance. Conservative Party chair Harold Lipton appointed Imre Beke, Jr. as chair of the meeting and Judy Redmond as caucus secretary.

 

Current Supervisor Harold Lipton was nominated and seconded. Republican candidate Rick Gray was also nominated and seconded.  Mr. Lipton pointed to his work on budget issues saying “ I’m almost 99% sure that there will be no increase in town taxes this year and last year there was only a 1.9% increase.” He went on to list his other accomplishments as the purchase of the former Agway building in Accord, which now houses four town offices and the Youth Center. He also mentioned the acquiring of a 100’ x 25’ strip of land behind the Town Highway building to make it easier for town highway vehicles to turn around.

Mr. Gray said he was seeking the endorsement of the Conservatives as a person who had lived in the town his entire 51 years. He stated he would promise no favoritism to anybody, including his supporters, if he were the Conservative candidate. He further stated that the town rumor that, if he were elected, he would turn the job over to (Councilman) Randy Hornbeck was just “not true” and that he didn’t believe it was allowed by law. A ballot of the Conservatives present was taken with Lipton defeating Gray by a vote of 18-8.

 

Next up was the Highway Superintendent vote. Republican/Democratic candidate Wayne Kelder was nominated and seconded and since no other nominations were taken, was elected with one vote being cast be the caucus secretary.

 

The voting for Town Council came next. Republican Incumbent Ron Santosky was nominated and seconded. Republican candidate Brian Drabkin was nominated with a lengthy nominating speech and seconded. Former Town Council member Leon Smith was nominated and seconded. None of the candidates gave a pre-vote speech. Voting tabulations were Santosky 20 votes, Smith 16 votes, and Drabkin 4 votes. Mr. Satosky gave a brief speech saying he looked forward to continuing his work as a council member. Mr. Smith was not present, but Mr. Santosky read a prepared statement from Mr. Smith.

The final position of Town Justice was filled unopposed by Republican/Democratic candidate Incumbent Al “Spike” Babcock. Mr. Babcock said his record speaks for itself and he looked forward to continuing his work as Town Justice.

 

Also present and asked to speak were Conservative/Republican County Legislature candidates Incumbents Sue Cummings, Ed Jennings and Gerry DePew as well as Republican Mel Tapper and  Conservative/Democrat candidate Joe Stoeckler. 

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  West Nile Virus in Accord

A dead crow was found in Boodle Hole Road and turned into the health department, which confirmed that the crow died of West Nile Virus.  This was the first incidence of the virus in Ulster County this year.

 

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Rondout School Levy and Assessment Rates to Increase

 

KYSERIKE - The Rondout Valley Board of Education has adopted a $26,325,974
tax levy for 2003-04 that is up 5.38 percent from last year.

Under the new levy, up from the $24,981,156 raised through property taxes last year, tax rates will rise for taxpayers in all four district townships:
Rochester, Rosendale, Marbletown and Wawarsing.

The rates per $1,000 of assessed value are as follows:
* Rochester: $30.25, up 4.75 percent from $28.87.
* Rosendale: $32.08, up 8.26 percent from $29.63.
* Wawarsing: $756.81, up 1.20 percent from $747.82.
* Marbletown: $26.80, up 3.37 percent from $25.93.

The tax levy is $500,000 less than the district projected during the budget process last spring, said Assistant Superintendent Dennis Geisler.

Geisler said some additional state aid that has come into the district over the past few years was taken from the district's surplus fund balance,
which by law must be limited to 2 percent of the total budget, and applied to the tax levy.

District voters adopted the 2003-04 budget of $45.5 million on June 3. The budget increases spending by 7.45 percent over last year's $42.1 million
budget and maintains all current educational, extra-curricular and co-curricular programs in the district.

Because the district was forced to an austerity budget in 2001-02 school year, district administrators have said that there wasn't much to cut from
what they described as an already bare-bones budget.

Tax bills will be going out in the next week. Geisler, there will be no penalty fee for residents who pay their taxes in full between Sept. 4 and Oct.
3.

For residents who pay half of the bill in September and the other half between Oct. 4 and Oct. 31, there will be a 2-percent penalty. For those who
pay their taxes between Nov. 1 to Nov. 5, there will be a 3 percent penalty. After Nov. 5, the tax bills are handed over to Ulster County for
collections.


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Letters to the Editor

 


Dear Editor:

 

    ..... Hmmmmm, ... they're at it again! This is a reply to the very out spoken Mr. Michael Baden and his lopsided presentation of the mobile home owners that are "sucking up" on their "free ride" by not "paying their share of taxes". Hmmmm, ... well, let's take the other step. Let's get rid of all the people who pay rent for homes, I mean after all, ... they don't pay taxes do they? ... or how about the stores that have parking for their patrons, ... all that useless "nontaxable" space that a house could be built on and more tax revenue could be gotten instead, right? ... Say, ... here's a great idea! how about everyone that has more than an acre of land should be taxed as if there was a home on each and every acer? Think of all the money we could get in taxes then! Boy-oh-boy! 

Oh yes, ... lets not forget the camp grounds here in our town! yea, ... all those stupid "campers" getting their free ride as well right? What does he think of Rick Shane who owns that camp ground and is one of the most involved real "local", nicest men I know? The point is, ... there is no "free" rides. Every one that either pays rent for a home, a place to park, a place to put a tent, or a mobile home pays their share of taxes that is included in the rental price. When

folks get together to tell others what they can do with their property, who they can rent space to and for what, they are opening a door that in the United States of America, starts looking more like somewhere else.

 

   Mr. Badens' "facts and figures" are nothing but a "transparent" attempt to "remove" the 'Trailer Trash" and their smelly, grubby children from his sight. I manage four of these horrible, disgusting pits of utter despair, and even though they have hard working, honorable, loving families, who care for one another, but for one reason or another they exercised their "freedom" as United States citizens to live the way they can afford, we should get them out! Heck, ... why stop there! Most of these horrible folks who live in these "dives" don't have a lot of money so after we run off all the poor folk, lets run off all the ones that are of a different religion, or a different race how would that be? 

 

   Mr. Baden, ... live and let live huh?

 

Robert Case

Life Long Resident of Accord  


Dear Editor:

 

This letter is in reply to Mr. Robert Cases’ letter concerning my letter to the editor. Mr. Case totally misses the point of my letter. My letter was merely to alert town residents to the hearing regarding a trailer park moratorium on September 4 and to point out the current inequity of the way trailer parks are assessed.

My “fact and figures” as Mr. Case calls them are just that… FACTS. Current assessments of trailer parks in the Town of Rochester are not taking into account the actual value of each trailer and leading to properties being under assessed. The moratorium that is requested is to allow the town board time to review this situation. Nothing more….nothing less. The town of Rochester is growing three times faster than the rest of Ulster County and if the town keeps a blind eye to this growth it will be too late to react. I applaud the town board for voting for this public hearing and again urge all townspeople to show up September 4th and voice your opinion. I hope to see you there, Mr. Case.

 

Michael Baden

Kerhonkson 

 

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Rochester Democrats Select Candidates

Democrats in the Town of Rochester selected Pam Duke of Boice Mill Road in Kerhonkson to lead the ticket as the party’s candidate for Supervisor at their caucus on August 24th.  Duke, a retired community relations executive, told the standing room only audience that she has the management, administrative, and financial experience to properly supervise the daily operations of the town’s government, leaving more time for the Town Board to focus on creating a vision for the future of the town that will enable it to thrive as a vibrant community where “people know their neighbors and share their pride in the qualities that make (our town) so special,” including open spaces, natural beauty, and most importantly, the people who live and work here.

 

The Caucus selected Steve Fornal and Francis Gray as candidates for the two open seats on the Town Board.  Fornal spoke of his longstanding work helping residents on town issues, having attended about 300 town government meetings over the last seven years, and of the need to address growth-related issues, something that the current town board has been unable to do.  He noted that many of the rules and regulations that the town follows were written more than 30 years ago and are out of date.

 

Francis Gray, whose family has lived in Accord for generations, spoke of his service in the Air Force and how he had to leave the area to find a job in his career field.  He spoke of the need to create jobs in the community so that young people would not have to move away to find work, as he did.  Gray also spoke of the need to fully analyze development issues to ensure that the social and financial implications are properly addressed. 

 

The Caucus selected Albert Babcock III as the party’s caucus for town justice.  Babcock has served as town justice for three and a half years reiterated with pride his record on fair rulings and constructive sentencing.  

 

Democrats also endorsed incumbent Wayne Kelder as Highway Superintendent.  Kelder told the audience that since he assumed the role, the department’s headcount had been reduced by 50% and that the Town was successful in obtaining state grant funds for significant road improvements in the town. 

 

Party Chairman, Max Finestone, also introduced the Democratic candidates for County Legislature: Maureen Sheehan, Steve Krulick, and Joe Stoecker (Theresa Hyatt was unable to attend), who questioned the performance of the Republican incuments and their actions relating to the $100 million County Jail and the approval of casinos in Ulster County.

 

“I’m extremely proud of our nomininees and their accomplishments,” said Max Finestone, Rochester Democratic Chair, “The fact that our caucus chose the candidates endorsed by the Democratic Committee reinforces my belief that we have selected the most qualified candidates to run for our town’s government offices.”

 

 

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Trailer Park Moratorium Hearing to be Held September 4

The Rochester Town Board will conduct a public hearing on Thursday, September 4 at 7:00 pm at Town Hall to discuss a proposed moratorium on the creation of new, or the expansion of existing trailer parks.  The hearing is the result of information relating to the tax consequences of further trailer park development provided to the Town Board by the Rochester Residents Association.   

 

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To the editor:

 

I would like to urge the taxpayers of the Town of Rochester to come out and voice their opinion to the town board Thursday Sept. 4 at the public hearing on the matter of a mobile home park moratorium. It took three tries by the Town Board, but eventually Councilman Tom Ryan got his motion seconded.

The need has risen for the town to take a good, hard look at the costs to the rest of the taxpayers for these mobile home parks in our town. Mobile homes make up 17.8% of our town’s housing units. This far exceeds the county average of 7.7%. In comparison Marbletown has a 4.3% rate and Rosendale has a 9.5% rate. Add to that the rise in population in the Town of Rochester at a rate of 2.4% per year and you can see the potential problems.

Owners of trailers who rent space in a mobile home park do not pay taxes…school or local. The park owner is assessed only for the land on which the trailers are parked. This ignores the value of the homes and taxes are calculated at a far lower rate than individual home owners pay for similarly valued homes. The only person to benefit from mobile home parks are the owners of the land in the fees they charge for the right to put your home on their property.

Currently in the Town of Rochester there are 7 mobile home parks. Two of the parks are part of a bigger commercial entity so their data is not included. The 5 other mobile home parks comprise 102 mobile homes. These 5 mobile home parks have a combined assessment of $1,516,000. By calculating the current tax rates these mobile home park owners are paying $14,747.55 in county/town/highway/fire tax and $39,251.91 in school taxes. Using the town average of 1.6 children per household these 102 mobile homes add 163 children to our school system. At the current cost per student of educating our children at $9600 per student these 163 children are costing $1,564,800. This is basically passing on over $1.5 million in education costs to the rest of the town taxpayers.

As far as the argument that mobile home parks allow for affordable housing in the community, it’s just plain incorrect. A recent study by North Country Affordable Housing in northern New York State showed that owner-occupied mobile homes cost 123% of the monthly costs of other types of housing. Mobile home loan rates average more than 5% greater than 30 year home mortgages. The delinquency rate on these mobile home loans has recently been stated at over 5%. Insurance premiums are 50%-60% higher on mobile homes. The American Red Cross has stated that mobile homes are 60% more likely to fall victim to fire or other natural disaster than other types of housing. A trailer, unlike a home, starts to depreciate the day it is purchased, much like an automobile. Depreciation is greatest in the first five years leaving the trailer owner in the situation often of owing more on the loan than the trailer is worth. Since a trailer’s economic life is generally 20 years AND because they are generally financed for 30 years the owner is trapped in a desperate situation which often leads to financial loss or abandonment.

 

So taxpayers, get out to the hearing 7pm Thursday, Sept. 4, at the town hall and let your voices be heard.

 

 

Michael Baden

Kerhonkson

 

Man who said he rescued dog is charged with animal’s abuse

A 19-YEAR-OLD Accord man who reported finding an injured puppy chained in the woods last month has been charged with the animal's abuse, police said on Tuesday.
The man, James Graham, was, in fact, the dog's owner and failed to sufficiently care for it, according to state police at Ellenville.

Graham, of Old Mettacahonts Road, and Sarah Bagley, 16, of Waterfalls Road, Kerhonkson, were charged on Friday with misdemeanor animal cruelty. Both were released from custody and are to appear in Rochester Town Court on Oct. 7.

Police said Graham was charged with cruelty because he left his dog without care while it was chained to a tree, resulting in the dog injuring itself. Graham then failed to get veterinary care for the dog, police said.

Graham told police he found the puppy, a 10-month-old male terrier mix, on July 13 in woods near Bagley's home. Bagley was charged because she, too, was a caregiver for the puppy, police said.

Police said the dog was underweight for both its age and breed.

On July 14, Graham told the Freeman he was walking through the woods, on his way to go fishing in a stream off Waterfalls Road, when he heard a whimpering noise and found the puppy chained to a tree. He said the chain was wrapped around the dog's chest and abdomen and one back leg several times, making it impossible for the animal to lie down or reach the stream.

Graham said the chain had cut into the puppy's flesh, leaving gaping wounds all over its body. He said he brought the dog back to his home and called state police at Ellenville, who referred him to Jill Shufeldt, the dog control officer for the towns of Rochester, Rosendale and New Paltz.

Shufeldt then came for the dog and brought it to the Kingston Animal Hospital, where veterinarian Arnold Rugg determined the animal's wounds were too deep to close with stitches. Instead, the dog was given antibiotics for intestinal parasites, and his wounds were cleaned and dressed.

Shufeldt named the dog "Graham Cracker," and an investigation was launched into who was responsible for the abuse. Also, the New York State Humane Association established an Animal Cruelty Investigation Fund to provide a reward for information in the case and in future cases.

The investigation led to Graham after several neighbors reported that the puppy belonged to him.

Shufeldt said on Tuesday that she received about 20 calls from people interested in adopting the puppy. "I held him for about 10 days until I found the right person," she said.

The right person turned out to be Derek Sigler, an advertising sales representative for the Freeman who lives in Columbia County. Sigler said he adopted the dog, now just called "Cracker," as soon as he could.

Sigler said the puppy has put on weight and his condition has improved over the past two weeks. He added that Cracker is neither skittish or jumpy. "He loves to have people around," Sigler said.

Sigler, who lives with two roommates, said Cracker is rarely home alone and often is taken for walks.

"He's constantly on the run, but he likes it," he said. (8/6/03)

 

 

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State Court Upholds Saugerties Mining Law

SAUGERTIES - A state appeals court has upheld the town zoning law that prohibits mining in residential areas.
Shott Rock owner Gilbert Shott had appealed a state Supreme Court decision that barred him from operating a quarry on his Morse Road property. The court's Appellate Division refused to overturn that ruling.

Shott first took Saugerties to court in October 2001, challenging a town law that banned special-use permits for mining in residential neighborhoods. Shott's attorneys called the law an illegal taking of property, and the suit challenged the statute on procedural issues and its alleged non-compliance with the town's Comprehensive Plan the state Environmental Quality Review Act.

Shott is represented by the Syracuse-based law firm of Bond, Schoeneck & King.

In dismissing Shott's initial lawsuit, state Supreme Court Judge Vincent Bradley ruled in November 2002 that the town had the authority to make the zoning change and had properly approved the new law.

"We thought all along this (the lawsuit) was meritless," Town Attorney John Vagianelis said on Thursday. Vagianelis said the Appellate Division's dismissal of the case, without any analysis or comment on the issues raised in the appeal, indicated Shott's case was not strong.

March Gallagher, president of Citizens Action for Residential Environments in Saugerties, a community organization that grew out of strong opposition to Shott's mining operation, was pleased with the appellate decision.

"It shows that the town of Saugerties did everything right," Gallagher said. "This was the proper change to zoning."

But Gallagher's group, which goes by the nickname CARES, still has work to do, Gallagher said, because Shott has a hearing scheduled for Sept. 8 before the town Zoning Board of Appeals. Shott will argue at that hearing that he should be exempt from the zoning law because his business predates it.

"If that is successful, he might still be able to get that mine," Gallagher said.

Shott also still has a pending $1 million federal lawsuit against the town and several town officials. The suit charges Saugerties violated Shott's constitutional rights by attempting to prohibit him from obtaining necessary permits and approvals and by taking his property without compensation.

The town has filed a motion to dismiss the federal lawsuit. Shott's attorneys have until Aug. 15 to file a reply. The town then will have an opportunity to answer the reply by Sept. 15.  (Freeman 8/1/03)

 

 

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Cafiero expects return as Rondout principal
By Deborah Medenbach
Times Herald-Record
dmedenbach@th-record.com

William Cafiero expects to return as principal of Rondout Valley Central High School following a two-week suspension without pay, his lawyer said yesterday.
The suspension the school board announced Tuesday caps two years of hearings into sexual harassment allegations against Cafiero, a tenured administrator in the district.
A woman who answered the phone at Cafiero's residence yesterday identified herself as his wife and said he would have no comment on the decision.
A state hearing officer found that Cafiero had created a hostile work environment, according to a statement from the district.
The hearing officer found that "even the appearance of an intimate relationship between [Cafiero] and a teacher whom he supervised could foster a hostile environment because other teachers might conclude that a liaison with the principal enhances career prospects," the district said.
The sexual harassment allegations involve female high school teachers Cafiero supervised more than two years ago, according to his lawyer, Kevin Martin.
The school board decided in 2001 to start disciplinary proceedings against Cafiero. He was then removed as high school principal and put on "special assignment" in the main office.
The July 21 ruling by the hearing officer found that Cafiero was insubordinate for violating district guidelines on behavior toward subordinates.
As a result of the ruling, the school board Tuesday suspended Cafiero without pay. The suspension runs from July 28 to Aug. 10.
Martin said Cafiero won dismissal of almost all the charges against him.
"The arbitrator was only able to find that he used poor judgment to help out a female teacher during a divorce," Martin said. "There's been no finding of sexual harassment."
Cafiero filed a $15 million countersuit against the school district in 2002, claiming that the district and others had falsified the sexual harassment charges against him. The status of the countersuit could not learned yesterday.
The school board's statement said only that Cafiero would be going back to the high school.
"It is our desire and intent to have all staff at Rondout Valley Central High School working together in a safe and comfortable environment for the benefit of the students." the board said. "[We] are determined to take all necessary steps toward achieving this." (7/25/03)

 

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Rondout Board Suspends Former Principal
KYSERIKE - The Rondout Valley school board has announced a two-week suspension of former high school Principal William Cafiero after the state Education Department ruled there was sufficient evidence to merit sexual harassment charges again him.
Though announced during Tuesday's board meeting, the suspension, without pay, was approved during a special session on July 22, one day after a state hearing officer rendered his decision, trustees said.

Cafiero was removed as high school principal in May 2001 after an independent investigator looked into claims that he sexually harassed two teachers - both of whom he had social relationships with - and he has been classified as an "administrator on special assignment" ever since.

Cafiero later sued the school district and various administrators, employees and board members, claiming his civil rights were violated.

The suspension took effect Monday and runs through Aug. 10, after which Cafiero will return to the district in an unspecified position.

Reading from a prepared statement on Tuesday, school board President Nancy Taylor said Cafiero "created a hostile work environment for female teachers," even after being warned about previous behavior.

"The primary reason the district brought disciplinary charges (against Cafiero) was to hold him accountable for violating a clear directive that was intended to preclude a hostile working environment for female teachers," Taylor said.

"The hearing officer who heard the disciplinary case against Mr. Cafiero found that even the appearance of an intimate relationship between him and a teacher who he supervised could foster a hostile environment because other teachers might conclude that a liaison with the principal enhances career prospects," Taylor added. "She also found that Mr. Cafiero was insubordinate by violating the guidelines the district had set down with respect to his behavior toward female subordinates."

Cafiero could not be reached for comment after Tuesday's meeting.  (Freeman 7/30/03)

 

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Legal Notices

 

NOTICE IS HEREBY GIVEN, that the Planning Board of the Town of Rochester will hold public hearing on the 19th day of August 2003, commencing at 7:00 PM, at the Town Hall, 50 Scenic Road, Accord, NY on the following Applications: RNR Housing, Michael Baum, 18 lot Subdivision, Sundale & Sahler Mill Roads, Tax Map# 60.4-1-1.2 in an "A" District of the Zoning Map. The above noted application and map are open for inspection at the offices of the Planning Board and Town Clerk, Accord, NY. Persons wishing to appear at such a hearing may do so in person or by attorney or other representative. Should this meeting be cancelled, the public hearing will be held by the Planning Board at a workshop meeting on August 26, 2003, at 7:00 PM, at the Town Hall, Accord, NY. (Freeman 8/6/03)

GOP plans caucus in Rochester Aug. 6

Rochester Republicans will conduct a caucus at 7 p.m. Aug. 6 at the Accord Fire Hall on Main Street for the purpose of nominating town candidates for the November election.

All registered Republicans in the town are eligible to vote.  Supervisor Harold Lipton will seek a third two-year term. Councilman Ronald Santosky has announced for a third four-year term. Councilman Brian Drabkin, who was appointed to fill a vacancy last September, will seek a four-year term.  Highway Superintendent Wayne Kelder is up for reelection. Republicans will also nominate a candidate for town justice.  (Freeman; 27 July 2003)

 

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Rescued Dog

KERHONKSON - When James Graham headed off to a stream a half-mile from his home Sunday morning, he expected to enjoy the day fishing. Instead, he wound up rescuing a puppy he found chained to a tree in the woods where it had apparently been left to die.

Graham, 19, of Kerhonkson, said he was walking through the woods on his way to the stream off Waterfalls Road late Sunday morning when he heard a whimpering noise and found the small dog.

He said the chain was wrapped around the dog's chest, abdomen and back leg several times, making it impossible for it to lie down or reach the stream. Graham said his hands became covered in blood as he unwrapped the chain. As the dog cowered in fear, Graham saw that the chain had cut into the animal's flesh, leaving gaping wounds all over its body.

Graham used a pair of cutting pliers that were in his fishing gear to cut the chain and then began to walk the dog back to his house. But the injured and emaciated puppy collapsed from exhaustion, and Graham carried the dog the rest of the way home.

Graham called state police at Ellenville, who referred him to Jill Shufeldt, the dog control officer for the towns of Rochester, Rosendale and New Paltz. Graham said that while he waited for Shufeldt to arrive, the puppy thirstily drank a bowl of water and slept on his front porch. When the dog awoke, it drank another bowl of water and ate the only food Graham had to offer: Three slices of pizza with everything on it.

Graham said the area where found the dog was very remote and if he hadn't gone there fishing, it is probable no one would have found the dog.

"To tell you the truth, it really pissed me off when I found him," said Graham. "There are so many places and shelters he could go to, and people have to be retards and tie him to a tree to let him die."

Graham said the dog was probably chained to the tree the night before, because it had not been there when he went fishing the day before.

Shufeldt picked up the dog Sunday afternoon and brought it to the Kingston Animal Hospital Monday.

According to veterinarian Arnold Rugg, the dog, which is a male terrier mix, had been starved for quite some time and weighed in at about 23 pounds when it should be about 32 pounds. He estimated the dog's age to be 10 months.

The puppy, which Shufeldt named "Graham Cracker" after the man who saved him, lay on the veterinarian's table Monday afternoon wagging its tail and calmly resting its head in the crook of Shufeldt's arm. The open wounds left the muscles and tendons in its leg and abdomen clearly visible. Rugg said that the dog's wounds were too deep to close with stitches.

Rugg said that if Graham had not found the dog, it would have gotten maggots in its wounds and died a slow and painful death.

"It's amazing how friendly he is; he's the sweetest dog," said Rugg. "All they had to do was bring him to a shelter. There are such sick people in this world."

Rugg said that "Graham Cracker" would be given antibiotics for intestinal parasites and his wounds cleaned and dressed. Shufeldt was to take the dog back to the town of Rochester pound for a week and then the puppy will be put up for adoption.

Anyone with information on the dog can call state police at Ellenville at (845) 626-2801. Shufeldt said she will be accepting donations for a reward fund for anyone who has information on whoever abused "Graham Cracker." She can be reached at (845) 626-5979. (Freeman 7/15/03)

 

[Follow up:  According to town sources, Graham is under suspicion of falsifying the foregoing story.  He is the subject of an investigation regarding his ownership of the dog during the period when the dog’s injuries took place.  The dog has subsequently been adopted by another person.]

 

  

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Re: 15 July 2003 Planning Board Meeting

New Application Presentation:

RNR Housing, Inc. owned by Michael Baum presented by Barry Medenbach; subdivision of 18 lots at Sundale Road and Sahler Mill Road; Tax Map# 60.4 - 1 - 1.2

 

78 acre parcel at town line, adjacent to town of Olive. Total eighteen units proposed. Asked for preliminary approval for whole project. The project will start with four parcels on town road and come back for the remaining parcel; phased development. Shane Ricks asked about the 10 percent and better slopes involved; said there would be potential problem with washout of gravel private road (to be constructed at later date). Medenbach said there would be a storm water run off plan; a sediment basin much like the one at Stone Ridge Town Center. Frank Striano asked about responsibility for road maintenance if one or more owners decide not to participate in Road Maintenance agreement; afraid affected subdivision residents would then come to town to take over road. Medenbach said town code requires Road Maintenance agreement and one would be submitted.

Public hearing set for 19 August 2003 at 7:00 pm at Town Hall.

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 Casinos OK in Catskills, judge rules

By John Milgrim
Ottaway News Service
jmottaway@aol.com

Albany – Casinos in the Catskills and electronic slot machines at horse-racing tracks are legal under New York's constitution, a state Supreme Court justice ruled yesterday.
The decision, the first to determine if the state's ban on gambling included Las Vegas-style casinos owned by American Indian tribes, came as a blow to developer Donald Trump and anti-gambling groups alike. But it's a boon to those hoping casinos will mean the rebirth of Sullivan County as a resort destination.
Supreme Court Justice Joseph Teresi's 11-page ruling upheld the 2001 state law expanding gambling across New York. The legislation authorized up to three Indian-owned casinos in Sullivan and Ulster counties, video-lottery terminals at Monticello Raceway and other tracks, and New York's participation in the multistate Mega Millions lottery game.
Some, however, felt the law violated the state's constitutional ban on gambling. Anti-gambling groups sued, and Trump helped finance the case to limit competition to his own Atlantic City casino empire.
"This is only the first lap. Litigation like this is a marathon, not a sprint," said Neil Murray, the lawyer representing anti-gambling groups.
Teresi, however, said since the state allows charities to hold occasional gambling nights to raise money, Indian nations have to be allowed to do as well. Also, he said, the slot-like video lottery terminals differ sufficiently from traditional commercial gambling because they are controlled through a central state computer.
"This should remove all obstacles to having a functioning operating casino in the Catskills in the not too distant future," said Assembly Speaker Sheldon Silver, the state's most powerful Democrat and weekend resident of Sullivan County.
A spokesman for Gov. George Pataki said the administration was ""pleased" with the decision.
But not everyone was ready to roll the dice.
State Sen. John Bonacic, R-Mount Hope, called the ruling "good news for casino supporters, but it's only round one. We have to wait until the judicial process plays out with the appeals." (TH Record 7-18-03)

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Kerhonkson firefighters receive award

By Bianca Sausa
Times Herald-Record
bsausa@th-record.com

Ellenville – They looked like every other firefighter, walking in line, marching in step.
Fred O'Donnell with the other chiefs under the blazing summer sun. Keith Depew in the color guard, holding a shiny ax. In all, 62 fire companies, 20 ladies auxiliaries and 25 bands marched in yesterday's Ulster County Volunteer Firemen's Association parade.
But on the eve of the parade, O'Donnell, an assistant chief with the Kerhonkson Fire Department, and his buddy, Depew, a Kerhonkson firefighter, were given a special recognition award for lifting a multi-ton farm tractor off of an elderly man.
If they hadn't had the strength or the will, the man could have been seriously hurt, maybe worse.
They tell the story of that October afternoon as if it happened yesterday: It was Depew's neighbor who first called 911. Depew, who was at home, got the call on his pager and ran to find his neighbor.
An elderly man in the woods was pinned under his tractor. He had been removing trees from his property.
Depew and the neighbor grabbed a few wooden planks for leverage, but they just didn't have enough power, Depew said.
O'Donnell was coming back from a fire prevention seminar when he heard the call. He was with another firefighter.
O'Donnell came across Depew, his neighbor and the elderly man first.
"He'd probably never been so glad to see me in his life," O'Donnell said of Depew.
When O'Donnell got there, though, an image flashed through his mind. A friend had died in a tractor accident a few years back, pinned under it for a day before anyone found him.
But this accident turned out differently. Lucky for everyone.
"They just needed a third hand," O'Donnell said.
They pulled the tractor off the man and he crawled out from under it, unscathed.
Depew said the man was grateful. "He said, 'Thanks for being home and coming so fast.'"
But to both men, it was all part of their jobs.
"We did what we were supposed to do," O'Donnell said. "You don't get paid for it, but it's what we do." (TH-Record 7/27/03)

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 Accord man charged with burglary
An Accord man was arrested after breaking into a Samsonville Road home following an argument with his girlfriend, state police in Ellenville said.
Police said Frank Barnwell, 24, and his girlfriend argued in a car on Samsonville Road Thursday night. When he got out of the car, the girlfriend drove away.
Police said Barnwell then broke into a woman's nearby house and fought with troopers when they responded to her 911 call. During a search, police found two razor blade knives. Barnwell is also accused of kicking out a window of the state police car.
He was charged with second-degree burglary and third-degree criminal mischief, felonies, and resisting arrest and possession of a weapon, misdemeanors. He was arraigned and sent to Ulster County Jail in lieu of $100,000 cash bail. (TH-Record 7/27/03)

 

 

 

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Letters and Legals

 

 

Dear Editor:

 

I would like to thank the Rochester Town Board for adopting at its meeting on July 3rd a six-month moratorium against expansion of existing or the creation of new trailer parks in the Town of Rochester. Members of the Rochester Residents Association urged the moratorium based on our analysis of the economic and social impact that additional (multiple unit) trailer park occupancy would have on our community.  While there are several procedural steps that the town must follow in order for the moratorium to become fully effective, we applaud the Board’s unanimous action; which was taken after prior two motions made by Councilman Tom Ryan on the subject in previous months were not seconded or discussed. 

 

We feel that the moratorium will provide the various agencies of our town government time to assess the impacts of new or expanded trailer parks on our community.  We are referring solely to multiple unit trailer parks, not single trailers on individual plots of land, which we are not fighting.  We have provided the Town Board with voluminous data on the matter and hope that members take the time to understand and give credence to the points we have raised.  We further hope that such scrutiny will assist in objectively assessing the proposal for expansion of Streamside Estates Trailer Park (formerly Tessler's Trailer Park) on Cherrytown Road now before the town's Planning Board. Regarding that application, flooding of the area in the past few weeks is one issue of concern. Among other troublesome aspects that should be examined closely are: (a) traffic, (b) the cost to our already overburdened school system, (c) sewage and water issues, (d) property tax inequity, (e) visual impacts on the neighborhood, and (f) conformity with the principles of the NY State Historic Preservation Act.

 

While the preservation of the rural quality of our residential neighborhoods is important, our interest is based more on broader adverse community impacts and less on aesthetics (although our Town-wide survey indicated that only 5% of town residents supported trailer park expansion).  There is clearly a need for affordable housing for the people who live in our town and there are many alternatives that have less negative impact.  We do not believe, however, that our town has any obligation to provide low-cost housing alternatives for people from other communities.  In any case, any review should be taken in conjunction with a proactive town-wide development plan that addresses and mitigates all potentially adverse impacts rather that one that is merely conducted in response to an individual proposal from an ambitious developer.

 

Zali Win

President

Rochester Residents Association, Inc.

 

 

 

LEGAL NOTICE Notice of Formation of Keane Computing, LLC. Articles of Organization were filed with the Secretary of State of New York (SSNY) on 6/26/2003. Office location: Ulster County. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail a copy of process to: 257 Queens Highway, Kerhonkson, NY 12446. Purpose: any lawful activity. (Freeman 7/28/03)

 

 

"Notice is hereby given that the Town of Marbletown Planning Board will hold a Public Hearing on Wednesday, August 13, 2003 at 7:00 p.m. at Town Hall to consider the following: Stephan-Subdivision of land located at, 29 Palen Road, Stone Ridge, TaxMap # 61.1-3-8. Richards-Subdivision of land located at, 2379 State Route 209, TaxMap # 55.4-11-9.200 Houlihan-Subdivision of land located at 79 Mohonk Road, TaxMap # 70.5-6-7.121 Nilsen-Subdivison of land located at 36 Nilsen Lane, TaxMap # 54.4-1.26 Hornbeck-Subdivision of land located at 170-190 Whitelands Road, TaxMap # 69.1-5-36 Any persons having an interest in these matters are invited to attend the hearing. Dated: July 25, 2003 Will Husta, Chairman" (Freeman 7/27/03) [Editor’s Note: Whitelands Road is on the Marbletown/Rochester border near Route 209].

 

 

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONVERVATION NOTICE OF COMPLETE APPLICATION Date: July 23, 2003 Applicant: MOUNTAIN VIEW STABLES INC. 2796 LUCAS AVE. ACCORD, NY 12404 FACILITY: MOUNTAIN VIEW STABLES INC SUBDIVISION LUCAS TURNPIKE ACCORD, NY Application ID: 3-5144-00208/00001 Permit(s) applied for: 1 - Article 24 Freshwater Wetlands Project is lcoated: in ROCHESTER in ULSTER COUNTY Project Description: The applicant proposes to construct a roadway within the regulated 100-foot adjacent area of Freshwater Wetland No. M-24 (Class II) to serve as an entrance to a 15-lot residential subdivision to be known as Mountain View Stables. The site is located on the south side of Lucas Turnpike, approximately 1 mile west of the intersection with Alligerville Road. Construction of the roadway will involve the filling and grading of approximately 0.8 acre of the wetland adjacent area. The remainder of the proposed subdivision is located outside the regulated area. State Environmental Quality Review (SEQR) Determination Project is a type I action and will not have a significant effect on the environment. A coordinated review with other involved agencies was performed and a Negative Declaration is on file. SEQR Lead Agency Rochester Town Planning Board State Historic Preservation Act (SHPA) Determination A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. No further review in accordance with SHPA is required. Availability For Public Comment Comments on this project must be submitted in writing to the Contact Person no later than 08/15/2003 Contact Person SCOTT E SHEELEY NYSDEC 21 SOUTH PUTT CORNERS RD NEW PALTZ, NY 12561-1696 (845) 256-3050 (Freeman 7/28/03)

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Chicken Barbecue at the Rochester Reformed Church

Route 209Accord, NY, Saturday, August 23rd, BBQ 3-7 pm, Adults $8.50 pm, Children 5-12 $6.00, For information call 626-7319 626-7628

 

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GOP plans caucus in Rochester Aug. 6

Rochester Republicans will conduct a caucus at 7 p.m. Aug. 6 at the Accord Fire Hall on Main Street for the purpose of nominating town candidates for the November election.

All registered Republicans in the town are eligible to vote.  Supervisor Harold Lipton will seek a third two-year term. Councilman Ronald Santosky has announced for a third four-year term. Councilman Brian Drabkin, who was appointed to fill a vacancy last September, will seek a four-year term.  Highway Superintendent Wayne Kelder is up for reelection. Republicans will also nominate a candidate for town justice.  (Freeman; 27 July 2003) (7/2/03)

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Free Children’s Entertainment at Tricentennial on August 9th

Because local fairs and recreation facilities have become increasingly expensive, organizers of Rochester’s Tricentennial Committee will provide a full day of free children’s entertainment as part of its 300th anniversary celebration. “Rochester, Accord and Kerhonkson, and the surrounding towns are not affluent communities. So in planning this event, we decided the best way to serve our town’s families, plus other residents of and visitors to Ulster County, was to provide a day of free family recreation. And our local businesses and individual residents came through to financially support that effort,” said Mary Mendola, an event organizer. The children’s program has been scheduled so that families can spend the entire day at the celebration or arrive mid or late afternoon, enjoy the rides, and stay until the fireworks begin at dark.

 

The main sites for the children’s rides and programs will be the Town Park in Accord, Saunderskill Farms on Route 209, and the Kelder Farm Petting Zoo, also on Route 209. At the Town Park, games and amusements for children and adults will begin at 10am. After the Tricentennial Parade at 1pm, the action is back at the Town Park where kids will be able to enjoy free rides in a Gyro Motion Spaceball (2pm-8pm) or as many free trips as they want down an 18-foot Giant Inflated Slide (3pm-7pm). Also departing from the Town Park, Horse Drawn Rail Trail Hay Rides (3pm-5pm). For children under 12, the only “ticket” they need for the five-mile hay ride is to be accompanied by an adult.

 

Dog on Fleas, a professional children’s troupe performing rockin’ and original children’s music and wacky antics will be doing two free shows sponsored by Saunderskill Farms (12Noon & 2pm). A bit further south on 209, the Kelder Farm Petting Zoo will be open to the public at no charge. Kids will have an opportunity to milk a cow the old fashioned way and to play with both exotic and farm animals (10am-12Noon, 2pm-5pm).

 

“While we’re providing free entertainment, we can’t feed everyone! But there’s a Chicken Barbecue with all the trimmings at the Grange Hall on Route 209 beginning at 5pm. It’s healthy, reasonably priced supper menu, said Mendola. Proceeds from the supper event are earmarked for the Grange’s Building Maintenance & Restoration Fund: $8 Adults, $6 Seniors, $4 Children 10 and Under. (7/2/03)

 

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 Rescued Dog

KERHONKSON - When James Graham headed off to a stream a half-mile from his home Sunday morning, he expected to enjoy the day fishing. Instead, he wound up rescuing a puppy he found chained to a tree in the woods where it had apparently been left to die.

Graham, 19, of Kerhonkson, said he was walking through the woods on his way to the stream off Waterfalls Road late Sunday morning when he heard a whimpering noise and found the small dog.

He said the chain was wrapped around the dog's chest, abdomen and back leg several times, making it impossible for it to lie down or reach the stream. Graham said his hands became covered in blood as he unwrapped the chain. As the dog cowered in fear, Graham saw that the chain had cut into the animal's flesh, leaving gaping wounds all over its body.

Graham used a pair of cutting pliers that were in his fishing gear to cut the chain and then began to walk the dog back to his house. But the injured and emaciated puppy collapsed from exhaustion, and Graham carried the dog the rest of the way home.

Graham called state police at Ellenville, who referred him to Jill Shufeldt, the dog control officer for the towns of Rochester, Rosendale and New Paltz. Graham said that while he waited for Shufeldt to arrive, the puppy thirstily drank a bowl of water and slept on his front porch. When the dog awoke, it drank another bowl of water and ate the only food Graham had to offer: Three slices of pizza with everything on it.

Graham said the area where found the dog was very remote and if he hadn't gone there fishing, it is probable no one would have found the dog.

"To tell you the truth, it really pissed me off when I found him," said Graham. "There are so many places and shelters he could go to, and people have to be retards and tie him to a tree to let him die."

Graham said the dog was probably chained to the tree the night before, because it had not been there when he went fishing the day before.

Shufeldt picked up the dog Sunday afternoon and brought it to the Kingston Animal Hospital Monday.

According to veterinarian Arnold Rugg, the dog, which is a male terrier mix, had been starved for quite some time and weighed in at about 23 pounds when it should be about 32 pounds. He estimated the dog's age to be 10 months.

The puppy, which Shufeldt named "Graham Cracker" after the man who saved him, lay on the veterinarian's table Monday afternoon wagging its tail and calmly resting its head in the crook of Shufeldt's arm. The open wounds left the muscles and tendons in its leg and abdomen clearly visible. Rugg said that the dog's wounds were too deep to close with stitches.

Rugg said that if Graham had not found the dog, it would have gotten maggots in its wounds and died a slow and painful death.

"It's amazing how friendly he is; he's the sweetest dog," said Rugg. "All they had to do was bring him to a shelter. There are such sick people in this world."

Rugg said that "Graham Cracker" would be given antibiotics for intestinal parasites and his wounds cleaned and dressed. Shufeldt was to take the dog back to the town of Rochester pound for a week and then the puppy will be put up for adoption.

Anyone with information on the dog can call state police at Ellenville at (845) 626-2801. Shufeldt said she will be accepting donations for a reward fund for anyone who has information on whoever abused "Graham Cracker." She can be reached at (845) 626-5979. (Freeman 7/15/03)

 

[Follow up:  According to town sources, Graham is under suspicion of falsifying the foregoing story.  He is the subject of an investigation regarding his ownership of the dog during the period when the dog’s injuries took place.  The dog has subsequently been adopted by another person.] (7/2/03)

 

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 Sundale Road/Sahler Mill Subdivision

Re: 15 July 2003 Planning Board Meeting

New Application Presentation:

RNR Housing, Inc. owned by Michael Baum presented by Barry Medenbach; subdivision of 18 lots at Sundale Road and Sahler Mill Road; Tax Map# 60.4 - 1 - 1.2

 

78 acre parcel at town line, adjacent to town of Olive. Total eighteen units proposed. Asked for preliminary approval for whole project. The project will start with four parcels on town road and come back for the remaining parcel; phased development. Shane Ricks asked about the 10 percent and better slopes involved; said there would be potential problem with washout of gravel private road (to be constructed at later date). Medenbach said there would be a storm water run off plan; a sediment basin much like the one at Stone Ridge Town Center. Frank Striano asked about responsibility for road maintenance if one or more owners decide not to participate in Road Maintenance agreement; afraid affected subdivision residents would then come to town to take over road. Medenbach said town code requires Road Maintenance agreement and one would be submitted.

Public hearing set for 19 August 2003 at 7:00 pm at Town Hall. (7/2/03)

 

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Casinos OK in Catskills, judge rules

By John Milgrim
Ottaway News Service
jmottaway@aol.com

Albany – Casinos in the Catskills and electronic slot machines at horse-racing tracks are legal under New York's constitution, a state Supreme Court justice ruled yesterday.
The decision, the first to determine if the state's ban on gambling included Las Vegas-style casinos owned by American Indian tribes, came as a blow to developer Donald Trump and anti-gambling groups alike. But it's a boon to those hoping casinos will mean the rebirth of Sullivan County as a resort destination.
Supreme Court Justice Joseph Teresi's 11-page ruling upheld the 2001 state law expanding gambling across New York. The legislation authorized up to three Indian-owned casinos in Sullivan and Ulster counties, video-lottery terminals at Monticello Raceway and other tracks, and New York's participation in the multistate Mega Millions lottery game.
Some, however, felt the law violated the state's constitutional ban on gambling. Anti-gambling groups sued, and Trump helped finance the case to limit competition to his own Atlantic City casino empire.
"This is only the first lap. Litigation like this is a marathon, not a sprint," said Neil Murray, the lawyer representing anti-gambling groups.
Teresi, however, said since the state allows charities to hold occasional gambling nights to raise money, Indian nations have to be allowed to do as well. Also, he said, the slot-like video lottery terminals differ sufficiently from traditional commercial gambling because they are controlled through a central state computer.
"This should remove all obstacles to having a functioning operating casino in the Catskills in the not too distant future," said Assembly Speaker Sheldon Silver, the state's most powerful Democrat and weekend resident of Sullivan County.
A spokesman for Gov. George Pataki said the administration was ""pleased" with the decision.
But not everyone was ready to roll the dice.
State Sen. John Bonacic, R-Mount Hope, called the ruling "good news for casino supporters, but it's only round one. We have to wait until the judicial process plays out with the appeals." (TH Record 7-18-03)  7/27/03

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Kerhonkson firefighters receive award

By Bianca Sausa
Times Herald-Record
bsausa@th-record.com

Ellenville – They looked like every other firefighter, walking in line, marching in step.
Fred O'Donnell with the other chiefs under the blazing summer sun. Keith Depew in the color guard, holding a shiny ax. In all, 62 fire companies, 20 ladies auxiliaries and 25 bands marched in yesterday's Ulster County Volunteer Firemen's Association parade.
But on the eve of the parade, O'Donnell, an assistant chief with the Kerhonkson Fire Department, and his buddy, Depew, a Kerhonkson firefighter, were given a special recognition award for lifting a multi-ton farm tractor off of an elderly man.
If they hadn't had the strength or the will, the man could have been seriously hurt, maybe worse.
They tell the story of that October afternoon as if it happened yesterday: It was Depew's neighbor who first called 911. Depew, who was at home, got the call on his pager and ran to find his neighbor.
An elderly man in the woods was pinned under his tractor. He had been removing trees from his property.
Depew and the neighbor grabbed a few wooden planks for leverage, but they just didn't have enough power, Depew said.
O'Donnell was coming back from a fire prevention seminar when he heard the call. He was with another firefighter.
O'Donnell came across Depew, his neighbor and the elderly man first.
"He'd probably never been so glad to see me in his life," O'Donnell said of Depew.
When O'Donnell got there, though, an image flashed through his mind. A friend had died in a tractor accident a few years back, pinned under it for a day before anyone found him.
But this accident turned out differently. Lucky for everyone.
"They just needed a third hand," O'Donnell said.
They pulled the tractor off the man and he crawled out from under it, unscathed.
Depew said the man was grateful. "He said, 'Thanks for being home and coming so fast.'"
But to both men, it was all part of their jobs.
"We did what we were supposed to do," O'Donnell said. "You don't get paid for it, but it's what we do." (TH-Record 7/27/03)

 

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Accord man charged with burglary
An Accord man was arrested after breaking into a Samsonville Road home following an argument with his girlfriend, state police in Ellenville said.
Police said Frank Barnwell, 24, and his girlfriend argued in a car on Samsonville Road Thursday night. When he got out of the car, the girlfriend drove away.
Police said Barnwell then broke into a woman's nearby house and fought with troopers when they responded to her 911 call. During a search, police found two razor blade knives. Barnwell is also accused of kicking out a window of the state police car.
He was charged with second-degree burglary and third-degree criminal mischief, felonies, and resisting arrest and possession of a weapon, misdemeanors. He was arraigned and sent to Ulster County Jail in lieu of $100,000 cash bail. (TH-Record 7/27/03)

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Letters and Legal Notices 

 

Dear Editor:

 

I would like to thank the Rochester Town Board for adopting at its meeting on July 3rd a six-month moratorium against expansion of existing or the creation of new trailer parks in the Town of Rochester. Members of the Rochester Residents Association urged the moratorium based on our analysis of the economic and social impact that additional (multiple unit) trailer park occupancy would have on our community.  While there are several procedural steps that the town must follow in order for the moratorium to become fully effective, we applaud the Board’s unanimous action; which was taken after prior two motions made by Councilman Tom Ryan on the subject in previous months were not seconded or discussed. 

 

We feel that the moratorium will provide the various agencies of our town government time to assess the impacts of new or expanded trailer parks on our community.  We are referring solely to multiple unit trailer parks, not single trailers on individual plots of land, which we are not fighting.  We have provided the Town Board with voluminous data on the matter and hope that members take the time to understand and give credence to the points we have raised.  We further hope that such scrutiny will assist in objectively assessing the proposal for expansion of Streamside Estates Trailer Park (formerly Tessler's Trailer Park) on Cherrytown Road now before the town's Planning Board. Regarding that application, flooding of the area in the past few weeks is one issue of concern. Among other troublesome aspects that should be examined closely are: (a) traffic, (b) the cost to our already overburdened school system, (c) sewage and water issues, (d) property tax inequity, (e) visual impacts on the neighborhood, and (f) conformity with the principles of the NY State Historic Preservation Act.

 

While the preservation of the rural quality of our residential neighborhoods is important, our interest is based more on broader adverse community impacts and less on aesthetics (although our Town-wide survey indicated that only 5% of town residents supported trailer park expansion).  There is clearly a need for affordable housing for the people who live in our town and there are many alternatives that have less negative impact.  We do not believe, however, that our town has any obligation to provide low-cost housing alternatives for people from other communities.  In any case, any review should be taken in conjunction with a proactive town-wide development plan that addresses and mitigates all potentially adverse impacts rather that one that is merely conducted in response to an individual proposal from an ambitious developer.

 

Zali Win

President

Rochester Residents Association, Inc.

 

LEGAL NOTICE Notice of Formation of Keane Computing, LLC. Articles of Organization were filed with the Secretary of State of New York (SSNY) on 6/26/2003. Office location: Ulster County. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail a copy of process to: 257 Queens Highway, Kerhonkson, NY 12446. Purpose: any lawful activity. (Freeman 7/28/03)

"Notice is hereby given that the Town of Marbletown Planning Board will hold a Public Hearing on Wednesday, August 13, 2003 at 7:00 p.m. at Town Hall to consider the following: Stephan-Subdivision of land located at, 29 Palen Road, Stone Ridge, TaxMap # 61.1-3-8. Richards-Subdivision of land located at, 2379 State Route 209, TaxMap # 55.4-11-9.200 Houlihan-Subdivision of land located at 79 Mohonk Road, TaxMap # 70.5-6-7.121 Nilsen-Subdivison of land located at 36 Nilsen Lane, TaxMap # 54.4-1.26 Hornbeck-Subdivision of land located at 170-190 Whitelands Road, TaxMap # 69.1-5-36 Any persons having an interest in these matters are invited to attend the hearing. Dated: July 25, 2003 Will Husta, Chairman" (Freeman 7/27/03) [Editor’s Note: Whitelands Road is on the Marbletown/Rochester border near Route 209].

 

 

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONVERVATION NOTICE OF COMPLETE APPLICATION Date: July 23, 2003 Applicant: MOUNTAIN VIEW STABLES INC. 2796 LUCAS AVE. ACCORD, NY 12404 FACILITY: MOUNTAIN VIEW STABLES INC SUBDIVISION LUCAS TURNPIKE ACCORD, NY Application ID: 3-5144-00208/00001 Permit(s) applied for: 1 - Article 24 Freshwater Wetlands Project is lcoated: in ROCHESTER in ULSTER COUNTY Project Description: The applicant proposes to construct a roadway within the regulated 100-foot adjacent area of Freshwater Wetland No. M-24 (Class II) to serve as an entrance to a 15-lot residential subdivision to be known as Mountain View Stables. The site is located on the south side of Lucas Turnpike, approximately 1 mile west of the intersection with Alligerville Road. Construction of the roadway will involve the filling and grading of approximately 0.8 acre of the wetland adjacent area. The remainder of the proposed subdivision is located outside the regulated area. State Environmental Quality Review (SEQR) Determination Project is a type I action and will not have a significant effect on the environment. A coordinated review with other involved agencies was performed and a Negative Declaration is on file. SEQR Lead Agency Rochester Town Planning Board State Historic Preservation Act (SHPA) Determination A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. No further review in accordance with SHPA is required. Availability For Public Comment Comments on this project must be submitted in writing to the Contact Person no later than 08/15/2003 Contact Person SCOTT E SHEELEY NYSDEC 21 SOUTH PUTT CORNERS RD NEW PALTZ, NY 12561-1696 (845) 256-3050 (Freeman 7/28/03)

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Town Board Notes – July 3, 2003, 7:00 pm Town Hall

The Supervisor and all members were present.

Barry Lane Road Improvement District: Authorized Brinnier & Larios (sp?) to prepare plan for bidding purposes for paving road.

Councilman Tom Ryan introduced a motion for a six month moratorium on the expansion of existing or creation of new trailer parks within the town. [This does not affect the installation of individual trailers on individually owned parcels of land.] The motion was seconded and passed unanimously.  The Board also authorized the Town Clerk to advertise a public hearing to discuss the moratorium to be held on September 4, 2003 immediately preceding the regular Town Board meeting and directed the Town Clerk to notify all relevant municipal, county and state agencies.

Court House Addition to Town Hall: A plan for a modular building was put out to bid.  Supervisor Lipton’s suggestion for a motion regarding the bid not accepted as discussion centered around the fact that too many unknowns exist. No board member knew how new section was to connect to existing section of Town Hall and a there was a need more/better drawings. Among the problems include rock ledge (which would affect basement area costs). Town Clerk Veronica Sommer mentioned that as Records Officer she must supervise anyone in record area to make sure none are taken; so it would be much better to have storage area adjacent to her office (at other end of building than was planned).

A Road Maintenance Agreement for DeLeo Drive (approved by town attorney) was accepted by board.

Friends Of Historic Rochester want to name road adjacent to building, Friends' Lane. Board approved the name change.

Public Comments: Zali Win thanked the Town Board for passing the moratorium. 

The meeting adjourned at 7:00 pm

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 Rocky Relations

by Amanda Bader and Tree McIlhinney in Chronogram

 

When Keith Kortright hands you his business card, it doesn’t seem controversial. “Mombaccus Excavating, Inc.” You have to read the small print to know what the bulk of his business is: “All Natural & Locally Mined Crushed Stone Products.” Kortright, a life-long resident of the Town of Rochester is a shale pit operator. He and his brother Gary run a gravel mining operation on Rochester Center Road that has been active since the 1940s and in their family since the 60s.

Between the two brothers, they own about 600 acres. The terrain is mostly hayfields and woods, with numerous ponds, streams and…a gravel pit. They had to fight off some developers to acquire the most recent parcel of about 170 acres, but by buying it, Kortright said, they’ll keep it from being subdivided, and won’t end up with neighbors who complain about the mining operation. Kortright also has 50 cows, cuts hay in a lot of different fields in the area, and taps trees for maple syrup.

In Kortright’s opinion, he is part of a long-standing traditional community that makes the area attractive to begin with: saw mills, loggers, gravel pits, run by local families with a fair amount of land, much of which is open. “It’s what makes the country the country, plenty of open space and rolling fields.” And to pay the taxes on “all that countryside that people like to look at,” he says, owners of large parcels need to run businesses like his gravel pit.

But as local mining operations have increasingly made the transition from ancillary business associated with farming to a land owner’s primary venture, they have come under fire by the residential communities surrounding them. The Red Hook Conservation Advisory Council, for example, concerned that a proposed 140-acre mine in the nearby town of Milan could have a serious impact on an area of Red Hook’s groundwater, is calling for a detailed hydrological study to be included in the project’s review process.

And in the town of Saugerties citizens joined forces with town officials to enact a zoning law that prohibits mining on residentially zoned property, an action prompted by Shott Mine Inc’s proposal to excavate 45 acres of land it owns along Morse Road in the residential hamlet of Veteran. Shott’s subsequent appeal of the 2001 zoning law was struck down by State Court Justice Vincent Bradley last year. And although Bradley recently ruled that Shott could remove previously palletized bluestone from the property , the town is seeking a permanent injunction against mining activity at the site.

In the Town of Rochester, however, where approximately 90 percent of properties are zoned residential, efforts by citizens to urge town officials to step up to take the lead in the evaluation of new mining projects appear to have fallen upon deaf ears. In May, Planning Board Chairperson Nadine Carney’s motion for the town to be lead agency for the review of a special use permit that would allow Frank Kortright (Keith’s cousin) to expand mining activities on his property was not seconded. Had planning board members agreed to take on the role, they would have been in the position to ask Kortright to address and possibly mitigate the proposal’s potential environmental impact as required under the state Environmental Quality Review Act.

During a town board meeting a month earlier, officials refused to enact a temporary moratorium on future mining in the town after having resolved to do so at the behest of Rochester residents in December, leaving some to believe that the presence of truck drivers influenced their decision.

“Twenty-five truckers came with big trucks and jammed the [town hall] parking lot, refused to sit down and started to badger the board until they decided to take the moratorium off the table,” said Boodle Hole resident Steve Fornal. “In Saugerties they listen and try to work with people, but here they refused to get involved."

Town Supervisor Harold Lipton said “the truck drivers had nothing to do with it,” when asked why he had voted against the moratorium that, if enacted, would have given the town at least three months of breathing room to explore the possibilities of regulating mining activity through amendments to zoning code. “It’s not necessary to give a reason. I just decided not to vote for the moratorium.” Such decisions continue to rankle those residents who for three years have been keeping tabs on the state Department of Environmental Conservation review of the Metro Recycling and Crushing, Inc. application to install a larger rock crusher on its Queens Highway site. To be able to run this equipment, the Castleton-based company must obtain a new Air Pollution Permit from the DEC, which was declared lead agency for the project in 2000 after the Town of Rochester Planning Board declined.

Although town officials have said they deferred to the state agency because they lacked the technical expertise to assess the impact of a piece of equipment that produces over 1,000 tons of gravel per year, many residents feel they are doing the town a disservice by turning over the decision-making process to an outside authority.

Giving lead agency to the DEC, Fornal said, under the state Mined Land Reclamation Law, limits local government to consider only four conditions when deciding whether or not to grant a special use permit for a mining operation: ingress, egress, routing of truck traffic, and enforcement of reclamation requirements.

“All we are advocating is that decisions that affect the community be made within the community” said Zali Win, who is president of the Rochester Residents Association (RRA), a citizen watchdog group. “When they get passed on to a faceless bureaucracy in Albany, a lot of the local flavor is lost in the sense that someone looking at the project on paper does not have a sense of living in its backyard.”

According to Win, the RRA has spend nearly $30,000 since June 2002, when about 150 residents turned out for the DEC’s legislative public hearing on the Metro application. The money, he said, went towards attorney fees for preparing a legal brief that presented issues regarding noise, nearby water tables, air pollution, traffic and the effect on property values. Another brief was prepared for the DEC’s subsequent issue conference, held this March, along with hard data provided by expert witnesses such as traffic consultants and hydrologists.

Win said the next step is to wait until a DEC administrative law judge decides whether or not to proceed to a legal hearing. “Ultimately, you have a system where whoever runs out of money first loses,” he said.

According to DEC spokesperson Wendy Rosenbach, there is no time frame for this decision.

When asked in retrospect whether town officials should have been more proactive about citizens’ concerns over Metro’s proposal, Lipton said: “You are always going to have people that are against something coming to a meeting.” And when pressed for the town board’s opinion on Metro’s plan to increase mining output in one of the most densely populated neighborhoods in the Town of Rochester, he said: “It’s in the hands of the DEC now. I don’t think the Town Board has anything to say about it.”

But should it?

Since Metro’s purchase of the struggling Rock Mountain Farms mine in 1998, there are about six locally-run mines remaining in the Town of Rochester, including two owned by the town itself. A law passed by the Town Board in 1993 allows these operations, once previously restricted to excavation, to process stone and make different products—such as specially treated gravel for paving roadways—available for sale. Such a law, makes these gravel pits attractive to large corporations (like Metro) who have no investment in the community.

“We get approached all the time to sell,” said Keith Kortright. “If we did, we’d get good money and take it easy, but I like the people I work with, I take care of them. A big conglomerate won’t do that. They don’t care about the land and the people who live here like I do. They come in, bring in their own people, and run it for maximum profit.”  (Chronogram 7/3/03) (7/23/03)

 

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 Letters to the Editor & Legal Notices

 

Sir

   until we start telling our local stores what days they can sell a loaf of bread and our gas stations what days they can sell unleaded gasoline the Accord Speedway should be left alone. it should be their choice of what day and or days and how long they operate  for instance do we tell farmers how many cows to milk or the Apple farmers how many apples to grow or pick I believe in being a good neighbor but I don't think we should get too involved with "Johnny Come  latelys" they know the racetrack was there as I have said before maybe it's time for us to move to the city and close down the airports

   thank you

 Bill Baringer

 

 

TO:             Planning Board Chairwoman Nadine Carney

RE:            NYSDEC Lead Agency Designation For Mining Applications

  

Dear Ms. Carney,

 

            First, I would like to commend the conscientiousness and professionalism that you have  displayed since you assumed the position of Planning Board Chair. Your ability to distill the issues stands out and I think your diligence has improved the conduct and effectiveness of the Board as a whole. I especially like your practice of appearing in front of the Zoning Board of Appeals with any questions you have as to application of our zoning code. I must, however, take issue with your belief that granting the DEC lead agency status on mining applications in the town is proper.

 

            I'm sure you will agree that the primary purpose of any Planning Board is to provide for the orderly development of the town. [New York State Town Law §272-a(1)b: "Among the most important powers and duties granted by the legislature to a town government is the authority and responsibility to undertake town comprehensive planning and to regulate land use for the purpose of protecting the public health, safety and general welfare of its citizens."] Zoning law, at a minimum, requires that incompatible adjacent land uses be properly mitigated to minimize or eliminate potential adverse effects. I question how anyone can believe that a commercial mining operation in the heart of a residential zone is compatible or acceptable;  clearly it is contrary to the spirit and intent of the Planning Board's mission.

 

During the 20 May 2003 meeting, current Planning Board member and former chair Mel Tapper erroneously characterized the DEC's role in regulating mining operations. Mr. Tapper stated incorrectly that the town has the authority to regulate hours and days of operation and, "Any problems with dust, noise or trucking are...handled at the town level." He went on to say that the DEC handles the reclamation (or physical) aspects of any mine site.  His statement is entirely contrary to state and local law [Title 27: New York State Mined Land Reclamation Law §23-2703 (2) b; The Code of the Town of Rochester § 140-36 I (2)] 

 

The above-mentioned laws state unequivocally that once a mining operation meets the MLRP criteria of 1,000 tons in a single year (750 cubic yards; approximately 50 tandem dump trucks), the Planning Board can only consider the following four elements during the Special Use Permit (SUP) deliberations: Ingress. Egress. Routing of truck traffic. Reclamation.

 

The Planning Board has absolutely no authority to establish hours, days, setbacks, noise mitigation parameters, or dust control measures (as Mr. Tapper asserted) because only the DEC has legal authority to regulate mining activity. The Board may suggest mitigating measures, however, these recommendations bear no legal weight and nothing can force the DEC to adopt them.

 

In fact, as regards the history of every single mining application to come before the town of Rochester Planning Board, the NYSDEC has declared them to be Unlisted Actions. Each and every mining application has received a Negative Declaration as to impacts upon adjacent residential properties. As you must know, such a designation stops any further SEQRA considerations. A review of the relevant history as regards suggestions made by the town Planning Board and conditions imposed via Special Use Permits is significant.

 

Mines in the town of Rochester that have been given conditional SUPs have had every single initial condition altered to benefit commercial operations at the distinct disadvantage of adjacent land uses. To wit:

 

All mines have had an hour per day added which totals 288 hours per year, or the equivalent of 28.8 additional days of mining.

 

Mining operations are not allowed to operate on legal holidays. The fourteen days celebrated by the town of Rochester, as initially mandated, were subsequently reduced to the six days celebrated by the state of New York; thereby adding an additional eight days of mining;

 

Therefore, the equivalent of thirty seven days have been added from original intent of SUPs as approved by our town Planning Board.

 

Initial conditions requiring noise mitigating stock piles and bermes were subsequently altered via permit modifications to allow for no bermes, or for the movement of said bermes to facilitate truck maneuvering at the expense of mitigation.

 

Top soil for final reclamation at nearly every mine operating with SUP and under the MLRP, both of which clearly mandate these specific set-asides, has been sold.

 

Even the phase-by-phase reclamation conditioned in each mining permit has in nearly every case been modified to allow mining into several phases at once without reclaiming section by section as promised and conditioned by the town Planning Board.

 

Therefore, as the record clearly demonstrates, all original conditions required for SUP approval on every single mine, have been eliminated or modified to create even more intrusion into adjacent residential land use.

 

It would have been hugely instructive for you (or any other board member) to have attended the NYSDEC Issues Conference, during which the NYSDEC attorney repeatedly characterized the complaints of dust, carcinogenic diesel fumes, intolerable noise, unbearable truck traffic through the heart of residential neighborhoods (in defiance of town's own Master Plan), public safety, water quality and source protection, as "irrelevant" or "off-point."

 

How is it conceivably in the best interest of the town to continue to allow the NYSDEC to assume lead agency? To force residents to pay $38,000 to get a proper SEQRA review, rather than taking lead agency status and hiring necessary expert to review at maybe one-tenth the cost?

 

That the NYSDEC has the necessary expertise to review mining operations is not at all in dispute. The question is, does the NYSDEC bring all resources to bear when deciding whether or not to site a commercial mining operation in a residential neighborhood? The answer, as far as the record for the town of Rochester demonstrates, is a resounding, "No!"

 

That the NYS Mined Land Reclamation Law is a pro-industry statute is, likewise not at all in dispute. There appears to be a conflict of interest as regards SEQRA review and administering the MLRP.

 

So, we return to the question: Whose responsibility is it for safe-guarding the town of Rochester's residential neighborhoods from incompatible adjacent land uses? The answer is clearly the town of Rochester Planning Board.

 

The NYSDEC has recently offered the town of Milan lead agency as regards RedWing Mine application due to the fact that all impacts are of a local nature (just as they are in our town). The town of Saugerties challenged the NYSDEC as regards lead agency status on the Shott Mine application and, in fact, banned mining in residential zones after town Supervisor Greg Helsmoortel stated that there was "an obvious flaw in zoning" if mining in a residential neighborhood could be allowed.

 

What is being asked is not impossible. And, in fact, securing lead agency for all mining permit applications is a legitimate Home Rule issue that should not be cast off lightly.

 

Further, by the town taking lead agency (or, at the very least, demanding that the Planning Board be considered an "involved agency"), the Planning Board could go through SEQRA in a full and comprehensive manner. Any/all negative impacts could be addressed and mitigated to the board's satisfaction or else the SUP could be turned down. In this way, mining could remain a viable industry in town without adversely impacting residential properties.

 

Using the Frank Kortright mine as an example, if the Planning Board assumed lead agency, a full SEQRA review would have had the additional benefit of putting on record exactly the parameters being permitted via SUP approval. As it stands now, Frank Kortright could sell his property and a new mine owner could come in and seek to maximize output (as opposed to using material as supplement to excavating business, as currently requested by the applicant) and the town would be powerless to intervene vis-à-vis mitigating harsh impacts on surrounding residential properties and along the routes used by trucks. A simple permit modification by the NYSDEC and a very active commercial mine would be allowed to operate.

 An additional level of protection for residential neighborhoods could be established via a local law requiring mining operations meeting the 1000 ton threshold (ergo falling under auspices of NYSDEC MLRP) to request from the Town Board a zoning designation change to Industrial and be held to the current Industrial Zone performance standards. Such a requirement would go a long way towards safe-guarding adjacent land uses as well as hold accountable elected officials as opposed to appointees. Perhaps a letter from the Planning Board suggesting this would be appropriate.

 

I have studied the mining issue with a great deal of attention to NYS law, local law, local code, etc. I would be more than happy to meet with the Planning Board collectively or individually to answer any/all questions that may arise. I feel a general misperception regarding the Mined Land Reclamation Law exists to the distinct detriment of the residents of our town. It certainly is clear that a gross misperception exists among members of the Planning Board as regards the NYSDEC's intent when it comes to mining. There appears to be an even wider gulf between what powers the board believes it has and what powers the Mined Land Reclamation Law and local Code of the Town of Rochester, in fact grant.

   Steven    L.    Fornal

 

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Notice of Completion of Assessment Roll NOTICE IS HEREBY GIVEN, that the undersigned, the Assessor of the Town of Rochester, County of Ulster, New York, has completed the assessment roll for said town for the year 2003. A certified copy thereof has been filed in the office of the town clerk of the town of Rochester on the 1st day of July, 2003, for public inspection. Dated the 1st day of July, 2003 Sharon Hornbeck, Sole Assessor (Freeman 7-1-2003)

 

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 LEGAL NOTICE OF ESTOPPEL The bond resolution, a summary of which is published herewith, has been adopted on June 5, 2003, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Rochester, Ulster County, New York, is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the day of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. A complete copy of the resolution summarized herewith for public inspection during regular hours at the Office of the Town Clerk for a period of twenty days from the date of publication of this Notice. Dated July 8, 2003 Accord, New York Veronica I. Sommer Town Clerk BOND RESOLUTION DATED JUNE 5, 2003 A RESOLUTION AUTHORIZING THE ACQUISITION OF TWO HIGHWAY DEPARTMENT DUMP TRUCK VEHICLES INCLUDING INCIDENTAL EQUIPMENT AND EXPENSES IN AND FOR THE TOWN OF ROCHESTER, ULSTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $105,000 EACH AND AUTHORIZING THE ISSUANCE OF $210,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. Specific objects or purposes: Purchase of two highway department dump truck vehicles. Period of probable usefulness: Five years each. Amount of obligations to be issued: $210,000 bonds ($105,000 each) (Freeman 7/10/03)

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Roswell Rudd, resident of Kerhonkson,  was awarded the Jazz Journalists Association 2003 Award for Trombonist of the Year.

 

 

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TOWN BOARD AUDIT MEETING  (26 June 2003)

 

*  Highway Superindendent, Wayne Kelder, requested authorization from the town board to spend $6700 for repairs on a  front end loader purchased in the 1970s. Councilman Randy Hornbeck inquired from the Superintendent if that was the same loader that needed a brake job just last year or so. Kelder responded in the affirmative. Hornbeck asked how much was that repair cost. Kelder said he had the figures written down in his office. Councilman Hornbeck asked him to get those figures so the board could review the total repair expenditures for that loader.

 

The figures were presented and Councilman Hornbeck stated that, so far, the loader had already cost the town $64,000 since 1994 for repairs. Since a new one costs approximately $86,000, Hornbeck wondered if it wouldn't be better to buy a new one. "At what point do we stop throwing money at this thing?" he wondered aloud.

 

Supervisor Harold Lipton said that Kelder's five year plan had included a new loader but was scrubbed in favor of another truck. Kelder defended that decision by saying the truck would have cost the town more money if purchased later as he was able to get one properly equipped through a state bidding process.

 

The board decided to pay for the repairs but said a new loader should be a consideration for inclusion in the Highway Superintendent's budget next year.

 

*   Councilman Ron Santosky mentioned that the Palmers (Operators of the Accord Speedway) asked him if it would be possible to change race day from Friday evenings to Saturday evenings. Apparently the Palmers said they studied a weather summary that showed Fridays had more rainy days than any other day of the week. The board seemed amenable to the request. Town Clerk and Official Recording Secretary, Veronica Sommers, reminded the board that such a change could not take place this season and, if brought to the board next year, would require a full process including a law change and public hearing. She further reminded the board that the race days of Friday and Saturday nights had brought in many complaints; that the Saturday night races were moved to Wednesday due to the numerous complaints. "People want quiet on Saturday night."

 

*  Councilman Ron Santosky also brought up the issue of the promise made by TimeWarner Cable Company for three free miles of cable installation that has yet to have been acted upon. In fact, even some of the requested additions (Airport Road) have yet to be installed. Supervisor Lipton remarked, "You got yours, didn't you?" (The entire board laughed out loud; Councilman Santosky got red-faced). "That's what the Cable Company told me. I said, that's not right. Doing it for me because I'm a councilman just isn't right..." He went on to say that his repeated calls have produced no results. Supervisor Lipton said he would call the Cable Company and see if he could get them to move on promised installation.

 

*  Councilman Select Brian Drabkin questioned the amounts of liability insurance coverage that he found on Insurance Certificates from various contractors hired by the town to do work. He said the insurance broker for the town should be able to provide a document with minimal requirements in each category of coverage. The board agreed to ask for that document.

 

*  Veronica Sommer, as official document officer, spoke of a problem with mildew in the storage trailer where currently permanent and court documents are held and accessed weekly. The board discussed various remedies involving venting and no agreement was reached on how to solve the problem.

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 Letters to the Editor

 

 

Dear Editor

 

 At the 20 May 2003 town of Rochester Planning Board meeting, Frank Kortright Excavating, Inc requested a Special Use Permit to expand a mine on Rochester Center Road by 176 percent. The projected scale of mining (over 1000 cubic tons per year) puts it into the NYSDEC's category of being a major project ergo to be subjected to the Mined Land Reclamation Program (MLRP).

 

To her credit, Planning Board Chairwoman, Nadine Carney, put forth the motion for the town to be lead agency for this permit application review. Shane Ricks mentioned that the board has garnered criticism in the past for not taking lead agency. Yet, not one board member would second Ms. Carney's motion.

 

You see, with lead agency status, the Planning Board can open its review to SEQRA (State Environmental Quality Review Act) parameters which allows a full, comprehensive examination of the impacts such an incompatible land use will have on adjacent land uses. In this town, every mine is surrounded by residential neighborhoods. The Planning Board, as lead agency, can question the applicant about impact on water, traffic through residential neighborhoods (which our Master Plan vigorously warns against), about the intolerable noise levels generated by on-site processing, dust, carcinogenic diesel fumes, visual aesthetics, storm water runoff and drainage to ensure it won't flood adjacent properties, etc. The board, as lead agency, can literally demand every conceivable impact be addressed to its satisfaction and mitigated, or else the Special Use Permit can be turned down.

 

By giving the lead agency to the NYSDEC, however, our Planning Board's comprehensive review is now reduced to the following four elements: Ingress. Egress. Routing of truck traffic. Reclamation.

 

A Planning Board cannot refuse any property owner from entering and leaving his property, so the first two elements are moot.

 

A Planning Board cannot turn down a S.U.P. based on routing of truck traffic as in this case there is a single road to use, Rochester Center Road; the trucks either go left or right.

 

As for the final element, reclamation, counter to Planning Board member Mel Tapper's assertion that the NYSDEC would be responsible for the "physical mine" meaning reclamation, while the town could regulate the operation, nothing could be further from the truth. The town is responsible for enforcement of reclamation conditions. Most mines are operated for fast profit, the company goes bankrupt, leaving no money for reclamation, as we see with the mine located across the street from the Town of Rochester town hall. The bonds required by the NYSDEC are null and void two years after cessation of mining; it takes about four years through the courts to get to a decision requiring reclamation. Regulation of mining, by law, goes to NYSDEC. Period.

 

So, once again, after years and years of education to the fallacies of NYSDEC claims of thorough review of mining operations, our Planning Board refuses to accept lead agency which would ensure adjacent residential land uses shall not be jeopardized.

 

But, there is a positive side to this pathetic action by the Town of Rochester Planning Board: For, the next mining application to come across its desk will now make it crystal clear as to what their true status is. Either the Planning Board will demand to be lead agency or else it becomes obvious that it is not their lack of knowledge but their malice towards the people of this town that gives foundation to their decisions as regards commercial mining in residential zones.

 

 

Steven L. Fornal

4 Boodle Hole Road

Accord, NY 12404

 

 

 

Dear Editor:

 

There appears to be a misconception or misunderstanding concerning lead agency and planning boards.

 

At its May 20th meeting, the Town of Rochester Planning Board voted to give lead agency status on a mining application to the DEC. This was done so that the Board could network with a state agency that had the engineers on staff, the experience, the expertise and the wherewithal to look at the geological and site plans submitted by the applicant, go out and inspect the mining site and make sure that it all complies and coports with DEC mining regulations. The DEC does this for free. It would have cost the taxpayers of the town several thousand dollars to have a private engineer look over the plans, go to the site and write a report for the board.

 

By letting the DEC assume lead agency status, the town does not give up home rule. The days and hours of operation are still set by town law. Any problems with dust, noise or trucking are still handled at the town level or forwarded to the DEC, depending on the problem.

 

Also, this mine has been in operation for over forty years. The applicant has a permit to operate until June 4, 2007. He only came in early to get a jump on the lengthy renewal process.

 

It is my opinion that the board acted in a proper manner with the best interests of the people of the Town of Rochester in mind.

 

 

 

Sincerely,

 

Melvyn I. Tapper

[Rochester] Planning Board Member

Kerhonkson

 

 

 

To the Editor

 

            Last week's letter to the editor by Rochester Planning Board Member Melvyn Tapper tries, in vain, to excuse the Board’s inaction in regard to land mining by calling it a "misconception or a misunderstanding." It's hard to believe this audacity, this lack of respect for the intelligence of Rochester residents. WE, the majority of Rochester residents, understand the issue perfectly well, mostly thanks to the diligent research and enlightening comments by Steven Fornal.

            The Town Board should have known that the DEC has as its stated objective the reclamation of pre‑existing mines. Therefore the decision to allow the DEC to be lead agency constituted a determination by the Board to open the mine. They have shirked their responsibilities and with it forfeited our right to home rule.

            The several thousand dollars it would have cost to taxpayers could have been easily, and most likely, willingly, absorbed to insure a healthful environment for current residents and future generations. Opposition to the Metro Recycling & Crushing operation was overwhelmingly demonstrated at the DEC meeting. Because the Town Board did not take action, taxpayers of this county had to dig into their own pockets to come up with more than $30,000 to ensure a proper review. Subjecting a densely populated area to diesel fumes, cancer causing dust and water pollution is simply unconscionable.

            A June 2 article in the Daily Freeman states that the "Town supervisors in Ulster County have unanimously adopted a resolution supporting the rights of communities to evaluate proposed projects' local environmental impacts by requiring applicants to pay for consultants to review draft environmental impact statements and participate in the state Environmental Quality Review Act process." Let's hope our Town Board and Planning Board members are aware of the meaning of this resolution. However, if they keep showing such utter disdain for our town code and quality of life issues, we have no other recourse then to vote them out of office.

 

Astrid Fitzgerald

Kerhonkson

 

 

 

 

Dear Editor:

 

Mel Tapper’s letter in the June 6th issue raises some interesting issues relating to a recent Planning Board decision to not accept lead agency status in mine expansion application in the Town of Rochester. 

 

The Rochester Residents Association (RRA) takes no position on mining.  We recognize that there might be some parts of town where mining makes sense and we know that there are parts of town where mining activity makes no sense – in fact we recently spent approximately $38,000 fighting the application of Metro Recycling to re-open a mine that has been substantially dormant for years.  Mr. Tapper should be familiar with this application since he signed the original special use permit for that project on Queens Highway when he was chair of the Planning Board several years ago.

 

We have had to spend a this money was because the Planning Board decided in that case not to be lead agency and instead abdicated all review associated with the application to the NYS DEC.  As we have learned and attempted to inform town officials, the Town’s ability to mitigate any adverse effects of the mine are severely limited once lead agency status is given away.  There has been no “networking” between the town and the DEC on this matter.  In fact as one resident noted at a recent Town Board meeting, the Town Board spent more time discussing the roof of a dog kennel than it did on the mining issue.  If the decisions regarding mining were made locally, by officials elected and appointed locally – people who reside in our community -- the cost of protecting residents’ rights would not have soared so high and the effectiveness of the discussion would have been raised.  Why should residents be forced to pay to protect rights that in most other communities are protected by their town governments?

 

Mr. Tapper states that “it would have cost the town several thousand dollars to have a private engineer look over the plans, go to the site and write a report for the board”  He is absolutely correct on the great expense.  This cost, however,  would not have had to be borne by the town.  At the most recent meeting of the Ulster County association of town supervisors, it was unanimously agreed that such costs should be passed on to the applicants, not paid by the respective townships.

 

What is more disconcerting is what Mr. Tapper’s letter does not discuss; the fact that a motion by Planning Board Chair Nadine Carney for the Planning Board to CONSIDER naming itself lead agency, did not receive the courtesy of a second from any of the other board members.  This is a trend that has extended to the Town Board in which a motion to CONSIDER (that is, to discuss the merits of the proposal for) a moratorium on trailer parks was not seconded, nor was another motion to CONSIDER a town noise ordinance.

 

How can we be assured of a free flow of ideas on matters of significance to the community if discussion is not encouraged or even permitted by the respective governing body?  As Mr. Tapper is now a candidate for public office, I hope that he will take this into consideration if he is successful in his pursuits.  In the meantime, I hope that all members of our town’s government allow open discussion on matters that will have an effect on the future of our beloved town.  Quashing such debate only serves to harm us all in the long run.

 

Sincerely,

 

Zali Win
President

Rochester Residents Association, Inc.

 

 

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Rochester Artists & Artisans To Be Showcased At The Event

The Tricentennial Committee is honoring residents artists and artisans with a special three-day exhibit at Melange (formerly the Pot Luck building) on Main Street in Accord. Invited to participate are the town’s painters, photographers, sculptors in all mediums, potters, and jewelry designers. There are absolutely no fees for residents exhibiting and selling their work.

Gallery attendants will be present throughout the three-day show, and the Committee is asking for residents willing to volunteer for two-hour shifts during the exhibit: Friday, August 8, 5pm-8pm; Saturday, August 9, 10am-7pm; Sunday, August 10, 12Noon-5pm.

To exhibit your work in the show or to volunteer as a gallery attendant, contact Mary Mendola, 626-5402 or MendolaM@sunyulster.edu.

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  Advertise in the Tricentennial Journal

Advertising space is currently being sold for the 300th Anniversary Souvenir Journal. Businesses and individuals wishing to advertise should contact Toni Thompson: 626-2667. Advertising Rate: $10, Friends & Neighbors; $25 Well Wishers; $50 Business Cards; $100 Quarter Page Ads; $250, Half-Page Ads; $500 Full Page Ads. For information on specific sizes and having your ad designed at no cost to you, contact Sara Palmer, Sawa1210@aol.com. The deadline for all ads is Saturday, July 5.  

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Vendor Applications Continue To Be Accepted

Vendor participation at the Tricentennial Event has far exceeded expectations. In addition to food and refreshment vendors, quality leather goods, stained, class, hand made clothing, and health products will be among the many items available for sale.

Increased vendor participation can be attributed to a special Sunday Freeman advertising insert, scheduled for August 3, that will promote the event to residents and tourists throughout Ulster County and help provide vendors with a constant flow of increased customer traffic throughout the day and into the evening. Vendors will be located at the Town Park, also the site for a Cruising Club & Antique Car Show, live music beginning at noon and continuing into the evening, free children’s entertainment including rail trail hay rides, a giant inflated slide, and games and amusements. Fireworks at dusk will also be launched from the Town Park.

To request a Vendor Application and size and pricing information, contact Buddy Hornbeck: daytime, 626-5273. 

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ACCORD - A 2-year-old girl was saved from drowning by a family member Sunday afternoon after she fell into an in-ground pool at a relative's house on Old Lucas Turnpike.

According to Ulster County Sheriff's Deputy George Neher, a toddler was at a relative's house at 60 Old Lucas Turnpike, the Carbone residence, with her family at 5:31 p.m. when she wandered toward the in-ground pool on the property and fell in. Relatives found the girl, dragged her out of the pool and called 911 when they found she was not breathing. One of her family members performed cardiopulmonary resuscitation on the baby under the instructions of the Ulster County dispatcher, said Neher.

Ulster County sheriff's deputies, state police at Ellenville and Kerhonkson-Accord Ambulance responded to the scene to find that the toddler was revived and healthily crying, said Neher. She was brought to Kingston Hospital where Dr. Arthur Deininger determined "the baby's life was not in jeopardy," said Neher. The 2-year-old was held at the hospital for observation for a few hours.

The baby is a member of the Hoolihan family. Her first name, address and her parents' first names were unavailable. (Freeman 6/16/03)

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  Route 209 head-on crash injures two
Two people suffered serious injuries yesterday when two cars crashed on Route 209 on the Marbletown-Rochester line.
State police Sgt. Jeffrey Radliff said the crash was caused by Laurence Friedman of Ellenville, who at about 2:30 p.m. drove her Lexus across the center line of Route 209. Friedman, 65, crashed head-on into a Kia, driven by a 54-year-old Long Island man, heading the opposite direction, Radliff said.
Both drivers had to be cut from the cars by fire personnel before they were flown to Westchester Medical Center by helicopter. Friedman suffered a broken ankle and possibly a broken leg in the crash. The Long Island man, whose name was withheld pending notification of his family, had a fractured hip and massive internal bleeding. Their conditions were not available last night.
Radliff said it's unlikely that alcohol or drugs had any involvement in the crash, although the investigation is ongoing. He couldn't say what caused Friedman to cross over into the oncoming lane of traffic. (TH-Record 6-11-03)

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Rondout considers single-sex classes

KYSERIKE - Rondout Valley Middle School administrators are considering offering single-sex classes this fall as an alternative to coeducational teaching methods.

An informational meeting is planned for 7 p.m. Tuesday in the school cafeteria.

The idea for a single-gender experiment at Rondout Valley was sparked by Ellenville Middle School's implementation of a similar program last September. A group of parents of Rondout Valley Middle School students heard about the program, researched the pros and cons of single-sex education and presented the information to middle school administrators and the district's Parent Teacher Student Association last October, said association President Kathy Bogart. Several parents independently visited Ellenville Middle School to observe classes and ask questions of administrators and teachers.

Ellenville made state history as the first and only public school to begin a year-long experiment with single-sex classes for core subjects in grades six, seven and eight. School administrators say the experiment is part of a continuing plan to improve student achievement and test scores at the middle school.

While the school has yet to see better test scores and grades, administrators say student behavior and attendance has improved. They said it's too early, however, to see drastic results in student achievement.

While such a program could be offered at Rondout Valley as early as this fall, school administrators, teachers and parents at this point are still "just talking," said Raymond Palmer, the middle school principal.

Palmer said that one of the attractions of the single-gender classes comes from the idea that adolescent years can be turbulent and confusing for young teens, and that putting them in a classroom without members of the opposite sex can relieve some pressure and allow them to concentrate on their studies.

"From what I've seen and the information I've received, this would provide students, certainly not all students, but some students, a more secure environment for both boys and girls," he said.

Palmer said that if enough parents and teachers voice an interest in single-gender classes after Tuesday's meeting, the administration will develop guidelines and curriculum for the program and offer it to the school board over the summer. If the school board accepts it, the program could start in September, he said. (6/13/03)

 

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Rondout parents ponder prospect of single-sex classes

KYSERIKE - Some parents are enthusiastic about the possibility of single-sex classes at Rondout Valley Middle School this fall, but others see it as an act of segregation that would make students regress socially.

More than 100 district parents attended an informational meeting on the proposal Tuesday at the middle school. Ellenville Superintendent of Schools Peter Ferrara and Ellenville Middle School Principal Glenn Bollin were greeted by a round of applause as they opened the meeting and told the audience about their district's experience with single-gender classes at the middle school in the past year.

Ferrara said he began to research the concept as a way to improve student academic achievement and behavior, and found it a smart and progressive option for the middle school. The Ellenville district last fall gave parents the option of single-sex classes for core classes in the 6th, 7th and 8th grades.

Ferrara and Bollin said there has not been much improvement in the students' grades in the past year, but they have seen great improvement in student behavior and attendance. The Ellenville school district plans to continue the experiment, and is currently developing curriculum directed at boys and girls as separate groups, they said.

Rondout Valley parent Nancy Decker told the audience that she and a small group of parents independently researched the issue and observed the Ellenville classes. Decker said she was at first skeptical of the single-gender classes, but was awed by her research and her observations in Ellenville.

"I was amazed," she said. "I went to an all-girls reading class and the girls were all engaged. ... I went to an all-boys math class, and the boys were yelling out answers."

Decker said that the program might not be for all students, but she said those who feel uncomfortable or self-conscious in the presence of the opposite sex would be able to concentrate more in a single-gender class.

Not all of the parents at the meeting agreed. Diana Zuckerman, who teaches fifth and seventh grade at Rondout Valley and who is also a district parent, said much learning and social development can be lost in a single-gender environment.

"It sounds like segregation," she said. "I think boys and girls have a lot to learn from each other and if there are differences, then good. We have a lack of diversity in this district to begin with. The only thing we have is boys and girls. Why would we want to pull them apart?"

Rondout Valley Principal Ray Palmer told parents no decisions have been made on the subject and the program would only be offered as an option if enough parents were interested. He promised parents that future informational meetings and research would be provided before any decisions were made by the district. (Freeman 6/18/03)

 

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  A message from the Stone Ridge Library

Rochester Residents!

2004 may bring some changes for Rochester patrons of the Stone Ridge Library.  Rochester’s contract with the library expires on December 31, 2003.  In the event that it is not renewed, we will be having memberships.  

Memberships, which will take effect 1/1/04, will be fee based and will entitle Rochester residents to full privileges at the library.  Patrons who wish to continue on with partial privileges may do so with an Ellenville Library Card.  Details will be available at both the Ellenville and Stone Ridge Libraries in the fall.  

Full Privileges:   Borrowing privileges, Access to Mid Hudson inter-library loans, Access data bases, First week of sign up for children’s programming. 

Partial Use: In house use of books, In house computer use, Second week sign up for children’s programming.  

For questions contact Jody Ford, jodkf@hvc.rr.com

 

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Local Teen at Accord Speedway

ACCORD - At 14, Tony Kawalchuk Jr. can't legally drive the couple of miles from his family's shop to the Accord Speedway.

But on Friday nights, the teenager powers around the Accord oval against some of the top DIRT 358 modified drivers in the area.

In only his second season of racing at the track, Kawalchuk recently pulled off what many veterans are calling a major upset when he won the prestigious 55-lap Joe Winne Memorial and the accompanying $2,400 first prize.

"I didn't think it was that big of a deal," Kawalchuk said of his victory. "I never thought I'd go as quick as I did and I just followed my dad's advice for passing cars. I think the best part is that I automatically qualified for (Super DIRT Week in) Syracuse in October."

His rookie season in 2002 finished with two feature wins in the Sportsman division and served as a true learning experience.

After running well at the track's inaugural Turkey Chase in November against other modified drivers, Kawalchuk decided to try his hand at the highly competitive division.

"I liked the fact that we could use lighter tires in the modified and the Sportsman is a pretty tough on the car," he said.

In winning the Winne Memorial, Kawalchuk silenced some of the critics who questioned such a youthful driver in the modified class.

"Most of the other drivers have been great with him and have no problem," said Tony Kawalchuk Sr. "Some of the other guys think it's easy just to blame a kid for something going wrong. You've got to realize that there are drivers who have been here for years and never won a race of this magnitude.

"I just remind Tony that he's under the microscope and he's going to be scrutinized, so he's got to be three times as clean as the other drivers."

The elder Kawalchuk also raced at Accord, winning three Sportsman features during one season in the mid-1990's.

Starting from fifth in the Winne Memorial, Kawalchuk moved to the lead on lap five and survived scrambles with veterans Jeremy Markle and Robbie Green.

Using the bottom of the track, Kawalchuk held off drivers attempting to pass high and failed to be intimidated by eventual runner-up Rich Ricci Jr. on a number of restarts.

"I tried not to get into it with the other drivers and just held my line," Kawalchuk said. "Once we got to lap 19, I realized we had a chance to win."

The victory moved Kawalchuk up to fifth place (268) in the points standings, just three points behind Green and 36 points off Ricci's division-leading total of 304.

The ninth grader at Rondout Valley High has been around vehicles, motors and machine parts all of his young life. Kawalchuk Sr. said that his son drove a go-cart at age four, sprint cars at six and everything else since then.

Kawalchuk helps out at the family business, Rondout Valley Engine Service on Route 209 in Accord, and operates most of the heavy equipment.

It is the hours spent in the garage not only with his father, but also his mother, Kathy, and younger sister, Joyce, that makes his racing success a true family affair.

"We probably spend about 40-50 hours a week working on the car, getting it into shape for the next race," Kawalchuk said.

Most of that work comes with his father, tweaking the engine, banging out dents and inspecting every system on the car.

The car itself, a Troyer SLR 2001, was purchased from Lebanon Valley modified driver Kenny Tremont Jr.

Troyer Race Cars and Terramite Construction Equipment are Kawalchuk's main sponsors and Turco's Machines in Rosendale provided the engine.

"The support we've received from Troyer, Turco and Terramite has been tremendous," said Kawalchuk Sr. "There are some guys that have invested $50,000 or more into their cars, but we don't have that kind of cash flow.

"We build our own parts and put the time into working on the car instead."

Making his way to victory lane at Accord has done little, however, to turn the heads of Kawalchuk's classmates and staff at Rondout.

"Most of my teachers and a lot of my friends don't pay any attention," he said. "I do have a couple of friends who are really into it and come to the track to watch me race. Winning didn't make me famous."

As for the $2,400 purse, Kawalchuk knew where most of it was likely to go.

"I let my dad handle the money and most of the time I put it back into the car," he said. "Maybe if I have some left over I can start saving up for another ATV."  (Freeman 6/22/03)  

 

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Legal Notices

 

LEGAL NOTICE PLEASE TAKE NOTICE that the Town of Rochester is seeking bids to recondition the Town Clerks Office located at 50 Scenic Road, Accord, NY. Specifications available at the Town Clerks Office from 8:30am - Noon and 1:00pm to 4:00pm, or call 845-626-7384. Sealed bids to be received on or before July 3, 2003 at 10:00am at the Town Clerks Office at which time they will be opened and read aloud. BY ORDER OF TOWN BOARD Veronica I. Sommer Town Clerk/Tax Collector/RMC (Freeman 6/16/03)

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Local Democrats to Meet on Sunday, June 15
The Town of Rochester Democratic Committee is hosting a reception to kick off the 2003 election season with a wine and cheese party at the home of Annette and Max Finestone (150 Mill Hook Road) on Sunday, June 15th from 3:00 pm to 5:00 pm.  Please call Max at 626-7373 for more information.   All are welcome!!!   If you are interested in running as a candidate for any local office or in serving on the Demcratic Committee, you can also call Max.

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Town Board Fails to Take Action on Trailer Park Moratorium
ACCORD - The Rochester Town Board has decided to forego a proposed moratorium on mobile home parks while it considers hiring a planning consultant to offer advice on appropriate zoning revisions.

At a board meeting Thursday, town Supervisor Harold Lipton said he wanted to schedule a public hearing in July to discuss a proposed six-month moratorium on mobile home parks as a way to give the town time to create legislation to regulate their growth. His motion went unsupported.
A second motion, by Councilman Brian Drabkin, called for the board to consider hiring planning consultant Dan Shuster, of Shuster Associates in Stone Ridge, to advise the board before it considers a moratorium.
"I am not against the moratorium, but I would like to have the advice of a town planner," Drabkin said. "I am not prepared to proceed without one."
Without the expertise of a planning consultant, Drabkin said, the moratorium would amount to nothing more than a stalling tactic. No new legislation would be drawn up, he said.
Councilman Thomas Ryan noted that the town's 1969 master plan recommends reviewing town zoning regulations concerning trailer parks.
"We are not talking about restricting mobile home parks," Lipton said. "We are giving ourselves a chance to think about them."
Lipton said Shuster charges about $125 per hour and his fees were not included in the current budget.
Drabkin said the town needs to create specific legislation regarding density that would make it easy enough for residents to put a trailer or two on a piece of property but more difficult for owners to create 400-unit mobile home parks, for example.
To write such legislation, Drabkin said, the board needs Shuster's help so that it is neither discriminating against a form of housing nor overrun by it.
As a compromise, the board agreed to invite Shuster to a board meeting to discuss what the town needs and can afford, and what his firm can do for the town.  (Freeman 6/8/03)

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School District Budget Passes

KYSERIKE - Rondout Valley Central School District voters Tuesday night approved 1,385 to 1,175 a $45.5 million budget that had projected a 7.38 percent increase in the tax levy.
School board incumbents Michael Redmond, Gail Hutchins and Rebecca Reeder, all unopposed, received 1,438, 1,515 and 1,511 votes respectively.
The proposed budget called for a 7.45 percent increase in spending from the current year. District officials said the plan maintains existing educational programs and restores, on a limited basis, some previous cuts.
Last month, the school board, in an effort to reduce a projected 13 percent tax levy increase, decided to use all additional state aid approved by the state Legislature to offset the tax levy.
A significant change in the 2003-04 budget is a contribution by Rondout Valley school district employees toward their health insurance premiums. Last summer, contracts negotiated with unions representing district teachers and administrators were approved including the contributions, which are expected to total about $200,000.
The district also restructured debt of service, which was estimated to save more than $300,000, decided to bring students back from Board of Cooperative Educational Services programs at a projected savings of $76,000, and restructure middle school administrative positions at a cost saving of $25,000.
We are delighted with the outcome of this vote. We appreciate the effort everyone made to achieve this result and we especially appreciate the effort on the part of the (state) Senate and Assembly," said district Superintendent Marilyn Pirkle.
"I feel this budget passed the first time because it showed fair expenditures," said district Business Administrator Dennis Geisler. "As a whole it takes in consideration points brought out at community meetings. The committee, staff, and board listened and as a result of efforts by all of those people, we were able to produce a budget that restores programs and has been accepted by voters." (Freeman 6/4/03)

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Husband, wife killed in three-car accident

An 86-year-old man and his 82-year-old wife were killed yesterday in a three-car accident on Route 209, the Ulster County Sheriff's Office said.
David and Kate Schecter of Kerhonkson died at separate hospitals after the accident, which happened at 1:15 p.m. and was still being investigated last night.
David Schecter was turning left from Lucas Avenue Extension onto Route 209 when his car collided with northbound and southbound cars on Route 209. The Schecters' car ended up in a culvert. David Schecter was pronounced dead at Kingston Hospital; Kate Schecter was pronounced dead at Ellenville Regional Hospital, a news release said.
Brianna Denison of Kingston, the driver of the northbound car involved in the collision, was treated at Benedictine Hospital in Kingston for a leg injury. The driver of the southbound car, Margarita Santiago of Ellenville, suffered a wrist injury. She and two passengers in her car, 21-year-old Michael Worden and a 3-month-old girl, all were taken to the Ellenville hospital for evaluation. (TH-Record 6/3/03)

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Accord PX Sold
After 18 years, Carol Whiteman has sold the Accord PX, located on Route 209 at Whitfield Road.  Whitman declined to comment on her reasons for selling the Accord landmark, but explained that "this one was the first to go, but all my businesses are for sale."  Whitman also owns the other PX stores on 209 and Queens Highway and in Kerhonkson.  As for the employees of the Whitfield Road PX, some have taken jobs with the store's new owner, Gopal Gajjar, while others are moving on. 
Gajjar, who owns other gas stations, has moved here from Florida to take on his latest store and gas station, which he plans to improve over the next couple of weeks and months.  His first change is to rename the store Accord Quick Mart.  He also plans to improve the deli selection and the general appearance of the property.  (From the BSP 6/6/03)

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Planning Board Notes
Planned Expansion of Streamside Estates Trailer Park: Engineer Barry Medenbach, representing Streamside Estates, distributed a report that included US Geodetic Survey topographic maps showing the 100 year and 10 year flood zones (the map showed that some trailer locations would be with in the 100 year flood zone).  Mr. Medenbach reported that the US Census reported that the local school system could absorb children from 64 trailers, but presented no information from the local school district or on local property tax issues.  The Planning Board accepted the report.  Representing local residents who oppose the expansion plan had previously provided an engineers report provided by David Clouser & Associates, which indicated that the site was in the "narrow end" of a funnel that restricts flow from the surrounding 8,000 acres flood plain extending five miles to the north and which raised doubts about the "credibility of the floodplain analysis used to determine these critical floodplain boundaries."    The Planning Board did not receive a definitive answer regarding the assessment process of resident-owned trailers on rented trailer park land, i.e. if trailers in trailer parks were taxed at the same rates as other properties of similar value for school taxes, town, highway, county and fire district taxes.
Mining Permit Expansion
Frank Kortright Excavating Inc. requested an extension of the life of its mine on Rochester Center Road and Queens Highway.   Kortright proposed to expand the existing 18 acre approved plan by a further 31.8 acres.  He was represented by Barry Medenbach.  The Board decided not to discuss a motion by Planning Board Chair Nadine Carney to name itself Lead Agency and instead decided to pass all review to the NY State Dept. of Environmental Conservation.
Bed and Breakfast Application
An application by Benjamin and Katherine Van Diest for a bed and breakfast plan for their home on Route 209 (large stone house next door to Revenue Markets) was debated and a public hearing was scheduled for the Board's June meeting.

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Ulster County Community College raises tuition
The cost of getting a college education at the community college level is up $300 a year in Ulster County.
The tuition increase at SUNY Ulster is the first increase in five years. The college's board of trustees approved the increase several months ago, and the county Legislature made it law Thursday night.
College President Donald Katt emphasized the positive by saying that the increase will not directly affect the college's neediest students since the state's Tuition Assistance Program will remain in place.
"Those in greatest need will have their tuition cost entirely covered through the program," he said.
The college's $20.8 million budget for 2003-04, which represents an increase of 1.5 percent, will also allow the college to maintain and expand its programs at the main Stone Ridge campus and at satellite offices in Kingston, Ulster and Highland, Katt said.
Ulster County Majority Leader Richard Gerentine said that while the Legislature had cut $25,000 from the college budget, the school remained an outstanding educational institution.  (TH-Record 6/7/03)

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Forgetful Jail
Last March the County's architects for its new jail, Rosser Associates, sent the specs for the facility out to bid.  At $72 million in construction costs and more than $50 million in financing costs, it's the largest building project ever undertaken by the County.  After the Legislature approved the bids last July, the County Safety Department hired its own architect to review the plans for the four-story building.  Turns out some minor changes were required, but also a fairly significant one:  The building, it seems, needs to have fire escapes, which don't appear in the approved design bids. They'll get built now, but the total cost of the changes will run $500,000, 10% of the project's contingency budget (The Olive Press 5/22/03).

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Local Teenager Still Missing
This isn't the only time someone named Joseph Martin disappeared in our region.
Joseph Patrick Martin, 15 at the time, disappeared at 10:30 p.m. March 25, 1996, from his home in Samsonville in the Town of Rochester. Martin was on his way to meet his friends, Dan Malak and Alex Barsky, to watch the comet Hyakutake a mile away on Schwabbie Turnpike. He never arrived.
At the time of his disappearance, Martin weighed 115 pounds, had blonde hair and hazel eyes. He was last seen wearing a blue and green flannel shirt, hooded green sweatshirt, blue jeans and dark sneakers.
"I've been getting calls all day," said Martin's mother, Cathaleen Lightstone, after a Times Herald-Record promo for the story of Newburgh's Joseph Martin ran last week. "We remember each birthday and disappearing day with ribbons and fresh posters [which are still posted around Samsonville]. People have to remember he's out there."
State police Investigator Richard Morse, at the Ellenville barracks, said there have been no recent developments in the case. Deborah Medenbach (TH-Record 6/8/03)-

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LEGAL NOTICES

BRIDGE CLOSING County Bridge #31, Lawrence Bridge located on Sahler Mill Road crossing the Mettacahonts Creek in the Town of Rochester will be closed to all traffic effective Monday June 9, 2003 to facilitate the replacement of the existing bridge. Traffic may use Queens Highway north and northwest 2.30 miles to Samsonville Road, Samsonville Road north and northeast 2.40 miles to Krumville Road, Krumville Road east 2.40 miles to Lower Sahler Mill Road. (Freeman 6/6/2003)

NOTICE IS HEREBY GIVEN, that the Planning Board of the Town of Rochester will hold public hearings on the 17th day of June 2003, commencing at 7:00 PM, at the Town Hall, 50 Scenic Road, Accord, NY, on the following Applications: Robert & Carlene Miller for Special Use Permit for 2-family dwelling located at Beehive Road, Accord, NY, Tax Map #68.3-1-64, and in an R-1 District of the Zoning Map. Benjamin & Katherine Van Diest for Site Plan Approval for Bed & Breakfast located at 5128 Route 209, Accord, NY, Tax Map #76.2-2-50, and in a B District of the Zoning Map. Charles De Leo & Family Members for Subdivision located at Lower Grainite Road, Kerhonkson, NY, Tax Map #76.3-2-5.110, 5.130, 5.2, & 5.12, and in an R-1 District of the Zoning Map. The above noted applications and maps are open for inspection at the offices of the Planning Board and Town Clerk, Accord, NY. Persons wishing to appear at such hearings may do so in person or by attorney or other representative. Should this meeting be canceled, the public hearing will be held by the Planning Board at a workshop meeting on June 24, 2003, at 7:00 PM, at the Town Hall, Accord, NY. (Freeman 6/6/2003)

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Kerhonkson-Accord Chamber of Commerce Dinner Photos (6/2/03)

The Kerhonkson Accord Chamber of Commerce held its Fourth Annual Faux Academy Awards dinner on May 30th at Twin Lakes in Rosendale.  A crowd of about 140 turned out to honor Buddy Hornbeck, Ed and Doris Lamon, and the Previll Family for their service to the community.  Photos of the event can be seen at www.accord-kerhonkson.com/photos.htm (6/2/03)

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$45.5 million budget up for vote in Rondout Valley (6/2/03)

The Rondout Valley school district's $45,507,517 budget is up for voter approval Tuesday.

Earlier this month the school board voted to put all additional state aid toward the tax levy, reducing the levy increase to 7.38 percent from the original 13 percent estimate under the governor's budget. The adopted school district spending plan is a 7.45 percent increase from this year's $42.1 million budget and maintains all current educational, extra-curricular and co-curricular programs in the district, as well as enhancing some programs, said district officials.

School board incumbents Rebecca Reeder, Michael Redmond and Gail Hutchins are running unopposed for re-election.

Reeder, 33, of Lomontville, is finishing her first three-year term as a board member and has been a resident of Ulster County for the past 10 years. She has a bachelor's degree and is an at-home mother of four. Reeder is a member of the Parent-Teacher Friends for Marbletown Elementary School, which her children attend, and is also the co-chair of the school's art committee.

Reeder said that among her goals as a board trustee, she would like to encourage state officials to find ways other than property tax to fund education. Reeder also wants to make sure that the arts, extra- and co-curricular activities remain stable in the district, even in these unsure budget times.

Hutchins, 49, of Cottekill, is also concluding her first term as a board trustee. She has an associate's degree in fire protection engineering and owns her own business in interior decorating. She is a member of the Marbletown Business Association. Hutchins would also like to pursue alternate funding for public schools so that property taxes would not have to be used.

"My number one main goal is to maintain and better the quality of education for the Rondout Valley school district," said Hutchins.

Redmond, 57, of Accord, has also served three years on the board. He has been a lifelong resident of the local area, graduating from Rondout Valley High School in 1965 and later attending Ulster County Community College. He is the supervisor of the Watershed Maintainers in Shokan and his three children are all Rondout Valley graduates. He currently has four grandchildren in the district. Redmond served with the U.S. Marine Corps in the Vietnam War and among his many community memberships, he is a

member of the Stone Ridge American Legion. Redmond was not available for comment.

Voting will be 10 a.m. to 9 p.m. at the high school gymnasium in Kyserike.  (Freeman 5/30/03)

 

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Budget choices are clear-cut in Rondout Valley (6/2/03)

KYSERIKE - Rondout Valley Superintendent of Schools Marilyn Pirkle this week gave district residents a taste of program cuts the district will face if voters reject a proposed $45.5 million budget June 3.

"This is our attempt at being clear and up front," Pirkle told a crowd of about 40 attending a budget hearing Tuesday.

Under the current proposal, spending would rise 7.45 percent and the tax levy would increase by 7.38 percent in 2003-04, but class sizes would be maintained at current levels and the fourth grade instrumental music program would be restored. After-school programs and all sports and co-curricular activities would also be maintained.

Two behavior specialists would be added at the high school and middle school to address building safety issues. BOCES students would return to the district in a restructuring of the special education program, which would save the district $76,000 in BOCES tuition.

Trustee Maureen Sheehan noted that not all special education children would be brought back, but only those that could have their needs met in-district.

New this year would be health insurance contributions by three-fourths of district employees, including teachers and administrators, offsetting the district's expense.

Should the proposed $45,507,517 budget not pass, an alternative plan totaling $44,776,123 would be presented to voters. That plan would increase spending by 5.7 percent, but would eliminate modified sports, fourth grade band and other programs. Several teaching positions would be cut, resulting in larger class sizes.

Assistant Superintendent Dennis Geisler said the difference in tax impact between the two budgets would be about 3 percent, but that the impact to the district would be substantial in terms of programs lost.

If both budget proposals are defeated, the district would be forced to adopt a contingent budget of $43,157,580, which would eliminate all sports, co-curricular activities, fourth grade band, and would reduce staff, including teachers and nurses.

"A contingent budget would cut the heart out of the district," said Trustee Paul Gruner.  (Freeman 5/29/03)

 

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Ulster supervisors support towns' roles in project reviews (6/2/03)

STONE RIDGE - Town supervisors in Ulster County have unanimously adopted a resolution supporting the rights of communities to evaluate proposed projects' local environmental impacts by requiring applicants to pay for consultants to review draft environmental impact statements and participate in the state Environmental Quality Review Act process.

 

Presented by Shandaken town Supervisor Peter DiModica, the resolution was first adopted by the Coalition of Watershed Towns earlier this month, according to Olive town supervisor and coalition member Berndt Leifeld.

DiModica said Crossroads Ventures has proposed a large golf course with hotels and timeshares as part of a 2,000-acre project in the Shandaken hamlet of Pine Hill. The development would essentially double the size of the town, DiModica said, but developer Dean Gitter has not provided the town with sufficient funds to hire consultants to competently participate in the project's review, which is headed up by the state Department of Environmental Conservation.

"We (the Shandaken Town Board) are not seeking a portion of the SEQRA (state Environmental Quality Review Act) fees given to the DEC (state Department of Environmental Conservation) to review the project, contrary to what the newspapers have said," DiModica said. "What we want from the Ulster County Supervisors Association is support for our right to institute a law governing such fees under municipal home rule."

DiModica gave supervisors a copy of the proposed law; the supporting resolution from the Watershed Coalition; an agreement to provide the town with an escrow account for consulting fees, signed by Gitter in October 1999; and documentation from the state Association of Towns supporting the town's right to enact such legislation.

The proposed law seeks to establish a schedule for the payment of private consultant fees incurred by agencies of the town of Shandaken in connection with large projects involving multiple governmental permits, where agencies of the town would participate in lead agency proceedings as an involved agency and later conduct permit reviews.

DiModica said he would be looking for no more than $375,000 to review the project.

"This is not a move to stop the project, kill it or drive it into the ground. It's a $300 million project," DiModica said.

Supervisor Jack Hayes said the town of Gardiner is also contemplating a large development. However, he said, the developer of the proposed 340-plus-unit Awosting Reserve subdivision along 2,700 acres on the eastern face of the Shawangunk Ridge has provided adequate funds to cover consulting fees. The state also leads the review of the project.

"So far, the developer has paid out about $31,000 for two consultants to review the project, but the town hasn't had access to either one. The DEC has done much of the review in-house, at the expense of state taxpayers. We also have to produce findings, under SEQRA ... I guess that the town's portion of the review is expected to be funded by town taxpayers," DiModica said.

Leifeld told supervisors that when the coalition passed the resolution it was interested in backing home rule, not in taking a stand either for or against the proposed project.

DiModica said he wanted supervisors to support his right to enact the law under home rule tenets, not to take sides. (Freeman 6/2/03)

 

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Water bogs down section of rail trail (6/2/03)

ACCORD - Rochester Town Board members will begin their monthly meeting an hour early Thursday to give themselves time to examine water problems along the town's portion of the Wallkill Valley Rail Trail and consider a plan to clear land for a salt shed.

Thursday's meeting, which normally would begin at 7 p.m., will start at 6 p.m. with town Highway Superintendent Wayne Kelder taking board members on a short sightseeing tour.

Last month, town Supervisor Harold Lipton asked Kelder to find a way to get rid of standing water along the rail trail, which he viewed as a breeding ground for mosquitoes and a possible health risk.

Since Kelder did not have a small bulldozer, he said he hired an adjacent property owner who did own one to help alleviate the problem. The cost for the man's services was $400, Kelder said.

Kelder said he used 80 yards of stone as fill along the trail, but he said it will take another 80 yards to fix the water problem.

Councilman Randy Hornbeck said the question of how to solve the problem should have come before the Town Board, rather than just being decided between the town supervisor and highway superintendent, especially because the solution involved spending town money. Besides, he said, even now the problem is not fixed.

Lipton said he was not trying to go behind anyone's back - he merely asked the highway superintendent to fix what he saw as an obvious problem.

"I just did what the supervisor asked me to," Kelder said. "I didn't realize the board would have a problem with (hiring the neighbor to help). It seemed like the most logical solution to the problem."

Councilman Brian Drabkin suggested that because board members already had planned to meet early this week to look at the two-tenths-of-an-acre site of the proposed salt shed that they also take a look at the water along the rail trail to determine a long-term solution.  (Freeman 6/2/03) 

[Editor’s Note: The rail trail passing through Accord/Rochester Township is not the Wallkill Valley Rail Trail. It is the D&H Hertitage Canal Corridor Trail, sometimes referred to as the NYO&W Rail Trail.]

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Students Face Sex Charges (6/2/03)

AN ONGOING police investigation into a party involving Rondout Valley High School students and alcohol has led to the arrests of three seniors on charges of sexual misconduct.

Lt. Kevin Costello, of the state police Bureau of Criminal Investigation, said Thursday that troopers in Ellenville received a report from Rondout Valley High School administrators on May 15 about a party involving students where alcohol was consumed and where there might have been inappropriate conduct.

The report of the party, which allegedly occurred May 9, led investigators to uncover evidence of criminal behavior by some of the older students who attended, Costello said.

Ulster County District Attorney Donald Williams said Rondout Valley seniors Brandon Walsh, 18, of Brown Avenue, Rosendale; Anthony Morales, 18, of U.S. Route 209, Kerhonkson; and Andrew Conner, 18, of Mettacahonts Road, Accord, have been charged with sexual misconduct and endangering the welfare of a child, both misdemeanors. Morales was charged with two counts of each crime.

Morales and Conner were arrested May 20 were sent to the Ulster County Jail in lieu of $1,000 bail each. Williams did not have information about when Walsh was arrested or whether he was jailed.

Costello said he was unsure whether more arrests will be made and declined to release more details until the investigation is concluded. Williams, too, declined to detail the events that led to the arrests for fear that additional information would compromise the police investigation.

Rumors about the party have been swirling around the Rondout Valley community for weeks, according to district parents. And some have voiced frustration about the lack of information from school administrators and police about the incident.

Mary Connelly said she has a 14-year-old daughter who is a freshman at Rondout Valley High School who was invited to the party but did not attend. Connelly said her daughter came home from school with stories about the party from her fellow classmates that so disturbed the girl that she asked her mother if she could be home-schooled because she does not feel safe at school.

"Parents need to know what's going on; parents need to address these issues," Connelly said. "Kids have been talking about it. I'm totally blown away by what I've heard.

"Too much is pushed under the rug," Connelly said. "This is a moral issue, this is a health issue. Parents have to take an active role here."

"We have a good community; I don't know why this isn't being spoken of," said district parent Jolene LaBonte. "If we can't voice our wisdom and beliefs to our children because we don't know what's going on in their lives - that's theft. We need to address this with our children before we lose one."

Neither district Superintendent Marilyn Pirkle nor high school Principal Peter Brenner would comment on the incident, but both said that any time a crisis event happens in the district, students receive support and counseling from the staff.

"We will, and have, contacted parents and discussed these sensitive issues and offered our help," Brenner said. "You can be sure that in any event that affects inside and outside the (school) community, we will act."

Board of Education Trustee Gail Hutchins said the district and board members are not allowed to discuss the incident until after the investigation concludes. But she said she, personally, does not know exact details of what happened at the party.

"It's just a horrifying thing that I hope we can put behind us and move forward and be educated about," Hutchins said. "It's pretty messed up, though." (Freeman 5/30/03)

 

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HERB GARDEN BASICS hosted by Catskill Native Nursery (6/2/03)

with Lisa Dian Cady  Saturday, June 7th 10:30-12:30

Cost is $20 - please pre-register by phone, email, snail mail or at the nursery.

Learn the basics of creating your own herb garden. Where to put it, preparation for planting, design considerations and of course the herbs and their requirements.  Both medicinal and culinary herbs will be discussed. Both formal and informal designs will be covered. Bring a drawing or photo of your own garden site, with an arrow indicating the  direction of north.

 

Lisa Dian Cady is a garden designer, herbalist, and painter. She has been a professional horticulturist for about 20 years, most of that time being employed at the New York Botanical Gardens.  She was a gardener for the Nancy Bryan Luce Herb Garden, the Chemurgic Garden (useful plants), and before that the Native Plant Garden. Lisa's garden design company, Hart & Serpent, is located in Accord NY. She is available for on-site consultations and installations.

  

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We have been asked to distribute the following political announcement.  Our policy is to distribute announcements submitted by any not-for-profit organization, provided that such announcements include the name of the organization and a contact name and address.

 

Democratic Candidates Wanted: (6/2/03)

The Town of Rochester Democratic Committee is looking for candidates for Town Board, Supervisor, and Town Justice.  If you are interested or if you would like to discuss this, please contact Chairman Max Finestone at 626-7373.

 

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 Letters to the Editor (6/2/03)

 

 

Dear Editor

 

At the 20 May 2003 town of Rochester Planning Board meeting, Frank Kortright Excavating, Inc requested a Special Use Permit to expand a mine on Rochester Center Road by 176 percent. The projected scale of mining (over 1000 cubic tons per year) puts it into the NYSDEC's category of being a major project ergo to be subjected to the Mined Land Reclamation Program (MLRP).

 

To her credit, Planning Board Chairwoman, Nadine Carney, put forth the motion for the town to be lead agency for this permit application review. Shane Ricks mentioned that the board has garnered criticism in the past for not taking lead agency. Yet, not one board member would second Ms. Carney's motion.

 

You see, with lead agency status, the Planning Board can open its review to SEQRA (State Environmental Quality Review Act) parameters which allows a full, comprehensive examination of the impacts such an incompatible land use will have on adjacent land uses. In this town, every mine is surrounded by residential neighborhoods. The Planning Board, as lead agency, can question the applicant about impact on water, traffic through residential neighborhoods (which our Master Plan vigorously warns against), about the intolerable noise levels generated by on-site processing, dust, carcinogenic diesel fumes, visual aesthetics, storm water runoff and drainage to ensure it won't flood adjacent properties, etc. The board, as lead agency, can literally demand every conceivable impact be addressed to its satisfaction and mitigated, or else the Special Use Permit can be turned down.

 

By giving the lead agency to the NYSDEC, however, our Planning Board's comprehensive review is now reduced to the following four elements: Ingress. Egress. Routing of truck traffic. Reclamation.

 

A Planning Board cannot refuse any property owner from entering and leaving his property, so the first two elements are moot.

 

A Planning Board cannot turn down a S.U.P. based on routing of truck traffic as in this case there is a single road to use, Rochester Center Road; the trucks either go left or right.

 

As for the final element, reclamation, counter to Planning Board member Mel Tapper's assertion that the NYSDEC would be responsible for the "physical mine" meaning reclamation, while the town could regulate the operation, nothing could be further from the truth. The town is responsible for enforcement of reclamation conditions. Most mines are operated for fast profit, the company goes bankrupt, leaving no money for reclamation, as we see with the mine located across the street from the Town of Rochester town hall. The bonds required by the NYSDEC are null and void two years after cessation of mining; it takes about four years through the courts to get to a decision requiring reclamation. Regulation of mining, by law, goes to NYSDEC. Period.

 

So, once again, after years and years of education to the fallacies of NYSDEC claims of thorough review of mining operations, our Planning Board refuses to accept lead agency which would ensure adjacent residential land uses shall not be jeopardized.

 

But, there is a positive side to this pathetic action by the Town of Rochester Planning Board: For, the next mining application to come across its desk will now make it crystal clear as to what their true status is. Either the Planning Board will demand to be lead agency or else it becomes obvious that it is not their lack of knowledge but their malice towards the people of this town that gives foundation to their decisions as regards commercial mining in residential zones.

 

 

Steven L. Fornal

4 Boodle Hole Road

Accord, NY 12404

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 Dear friends:

We are calling upon you for a favor.  It seems that our fight against Awosting Reserve has lost some of its original fervor. Right now we are sorely lacking in letters to the DEC. At last count it was said they had only received 45.  We would like them to receive upwards of 450. We believe that we stand a much better chance of getting the DEC to side with us if we show them how many of us are involved and very concerned.  Numbers do matter

so we are asking you to write a quick letter to Marc Moran at the DEC and possibly send copies to our Gov Pataki and Supervisor Jack Hayes and even NY newspapers if you can! Just  tell them you are opposed to any development on the  ridge. The following are some points to work with:

 

To maintain their private golf course on the mountain and around the lake they will be using toxic chemicals and pesticides adjacent to wetlands.

 

Development on the Ridge could cause problems with water runoff, fire safety, light pollution, and the local water supply.

 

Containment and disposal of sewerage sludge and the maintenance of a sewage treatment plant the burden of which will fall to the town and its tax payers.

 

Toxic run-off including road salt, pesticides. Threatened water supplies from pesticides, fertilizers, road treatments.

 

Spoiled valuable and irreplaceable view sheds. The Shawangunk Ridge with Minnewaska State Park is part of an important economic resource contributing millions of tourism dollars to the local towns each year.

 

Irrevocably Threaten Forest Ecosystems and Wildlife Habitats

 

Increase traffic and increase air pollution from cars, buses, snowplows, snowmobiles, ATV's  The increase in local traffic on small rural roads would be excessive as well as impacting the narrow main streets of our local towns.

 

Let's face it 350 plus homes and an 1 8 hole golf course is a tremendous change in a very rural neighborhood and a will have a huge impact on a fragile mountainside ecosystem.

 

Property owners do have rights to develop their land provided they obey zoning laws and do not destroy neighborhood character and the environment.

 

For more info go to www.savetheridge.com Send a letter today and send this on to a friend!

 

Mail it to :

 

Marc Moran, Regional Director

NYS Dept of Environmental Conservation

21 S. Putt Corners Rd

New Paltz NY 12561

 

Governor George Pataki

State Capital

Albany NY 12224

 

Gardiner Town Board

PO Box 1

Gardiner NY 12525

 

Thank you Thank you Thank you,

From: Save the Gunks kaclair@usa.net

 

 

 

 

 

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Warwarsing Zoning Board of Appeals denies approval for Kerhonkson low income housing project (5/27/03)

At its meeting of May 13, 2003, the Wawarsing ZBA denied an appeal by Kerhonkson Housing Group, LP approval for a low income housing project that proposed for the Wawarsing/Rochester town line adjacent to the Kerhonkson Main Post Office.  The Rochester Town Board previously refused to provide an endorsement letter to assist in the company’s application for State funds.  Cited as reasons for the denial were:  (a) Undesirable use for the area, (b) a substantial variance would have been required because land in the Town of Rochester cannot be considered, (c) Community opposes as being detrimental to the surrounding residents.  One member of the ZBA stated that a minimum of ten acres was needed for any projects of more than five units.

 

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Rochester Planning Board declines Lead Agency Role in Proposed Mine Expansion (5/27/03)

 

At its meeting on May 20, 2003, the Rochester Planning Board unanimously declined to declare itself lead agency in the review of Frank Kortright's application to increase the size of his gravel mine on Rochester Center Road to 31.8 acres.  The present mine area is 18 acres. The proposed expansion represents a 76% increase.

 

The DEC will now act as lead agency as the expanded mine will excavate over 1000 cubic tons per year thereby placing it under the authority of the NYSDEC's Mined Land Reclamation Program. Under the MLRP the town Planning Board's review for the required Special Use Permit will be limited to considering only four elements: Ingress. Egress. Routing of truck traffic. Enforcing reclamation conditions.

 

As we have seen with Rochester Residents Association's recent opposition to the  reopening of the nearby Rock Mountain Estates mine by Metro Recycling & Crushing, the Town of Rochester has irrevocably surrendered any influence over the operation of the mine to the pro-mining DEC.  All pertinent issues such as noise, dust, diesel fumes, truck traffic through residential neighborhoods (in defiance of the town's master plan), property devaluation, loss of quality of life, impact on water sources, etc which normally are part of the Planning Board's purview, can not now be considered.

 

There was no public hearing on this decision.

  

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LIttle Ones' Library to Host Third Birthday Bash

The Little Ones' Library is turning three and a celebration is planned for Saturday, June 21, 2003. From 10 am until 12 noon we'll be celebrating three years of serving very young children in the Accord-Kerhonkson area, and that means there will be singing, party games, and plenty of ice cream and cake!! We'll read books about birthdays and different ways to celebrate them. All youngsters, and their adult caregivers are invited to our party to play, count candles and help us celebrate. Come see what surprise gift will be given to the Little Ones' Library this year. In the past, unwrapping it has been as much fun as finding out what's inside. For attendees who would like to bring a small gift to the celebration children

enjoy using stickers, glue sticks, cotton balls, fat crayons, colored paper and contact paper at the Library.  The party is free of charge gifts are optional.

 

The Little Ones' Library, located at the Rochester Reformed Church, 5142 Rte. 209, Accord, serves children from birth through early elementary age.  Established by Cornell Cooperative Extension of Ulster County, with help from community partners, it provides library experiences for children in the rural Accord/Kerhonkson area.  For more information about Library hours, storytimes and activities, please contact Marie Ulmer at 626-4112 or

Sue Matson at 340-3990.

 

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Rondout to use state money to shrink levy (5/27/03)

KYSERIKE - The Rondout Valley school board has decided to put all additional state aid toward reducing the tax levy, bringing the hike down to 7.38 percent from the original 13 percent estimate.

Under the state legislature's budget the Rondout Valley School District will receive $1,980,242 more in state aid than the revenues proposed by Gov. George Pataki.

All school districts have until May 27 to amend their budgets to include any additional aid provided in the newly passed state budget. Districts can use the additional funds to include more programs and positions in their spending plans or use it to lessen the scale of property tax increases.

According to Assistant Superintendent for Finance Dennis Geisler, the school board decided at its May 13 meeting to apply all additional state aid that is not earmarked by the legislature for specific programs to reduce the tax levy, rather than amend the budget to include the additional revenue. The board made the decision before the legislature passed the budget, but board president Nancy Taylor said that the board won't change its decision.

"We prepared a budget as best we could and now that the Legislature has restored state aid the tax levy will be much reduced," said Taylor. "We're still keeping the programs for the kids and it's in the interest of the taxpayers that we're (applying funds to the levy). We have a good budget and we're sticking with it."

The Legislature has earmarked some of the additional funds for strict use in the Universal Pre-K program, class size reduction and minor maintenance. Geisler did not know how much money is to be put aside for these programs.

Geisler said the additional $1.98 million in state aid brings the total amount of state aid coming to the district to $17,806,553. With the additional aid going toward the tax levy, the district will be offering its originally adopted $45.5 million spending plan to voters on June 3.

The adopted budget is 7.45 percent larger than this year's $42.1 million budget and it maintains all current educational, extra-curricular and co-curricular programs, as well as enhancing some programs, Geisler said last month.

If district voters do not pass the $45.5 million budget on June 3, the district will offer their so-called "B" budget to voters, a $44,776,123 spending plan that is a 5.73 percent increase from this year's budget.

To get to the "B" budget, $731,000 in cuts would have to be made. According to Geisler, there would be no new equipment; no field trips for grades K-8 because they are not academically required; no modified sports; and one administrator would be laid off. New positions that are provided in the $45.5 million budget are eliminated in the "B" plan.

If voters reject the budget twice, the district must automatically go to a $43,157,580 contingency budget, which would mean another $1.6 million would have to be cut, said Geisler.

The district is holding public information meetings on the proposed budget 7 p.m. Wednesday at Marbletown School and 7 p.m. Thursday at the Rosendale School. The budget hearing will take place 7 p.m. May 27 at the district offices. (Freeman 5/20/03)

 

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Concern for farming family drove trooper to solve theft (5/27/03)

ACCORD - State Trooper Michael Drake was assigned to investigate the theft of $108,000 from a family farm in this town of Rochester hamlet.

Motivated by his respect for a hard-working family and concerned that they might lose the farm, Drake worked nonstop to find the culprit.

For his dedication, Drake, 29, will receive a merit award from the Ulster County Police Chiefs' Association.

On Nov. 16, 2002, David Schoonmaker of Accord reported to state police at Ellenville that more than $100,000 was stolen from his parents' safe in their Town Path Road home while they were vacationing. Police quickly established that Schoonmaker's 16-year-old daughter, unbeknownst to her parents, had hosted a party at her grandparents' house the previous weekend, and several Rondout Valley students attended.

Drake began interviewing the daughter and 24 students who had been at the party. Three of the students admitted that they had found the unlocked safe in the basement, took as much cash as could fit in their pockets, and left. The three insisted, however, that they only took $18,000. The day after they stole the money, they told Drake, their consciences, and one of their brothers, led them to call Schoonmaker's daughter, admit what they had done and return the money without any adults knowing what had happened.

Drake believed the three, but the mystery as to whereabouts of the $108,000 remained. Drake repeatedly interviewed partygoers until he found an 18-year-old he suspected knew more about the robbery than he was admitting. Befriending the teen, Drake drove home the fact that the family, being farmers, needed the money for the winter months, and could lose part of its farm if it didn't get it back.

"This case hit home for me because my uncle had a farm," said Drake. "These were hard working, decent people, the salt of the earth. No one deserved to have this happen to them, but they really didn't deserve it."

The teenager, Andrew F. Conner, of 19 Mettacahonts Road, finally called Drake Nov. 20, a week before Thanksgiving Day, and told him that he might know how to retrieve the money. He told Drake that the money would be placed in a bag at the family's farm stand at Saunderskill Farm sometime that night.

At about 12:30 a.m., Drake found a brown paper bag stuffed with cash totaling $105,000. The family was elated. "To get 98 percent of the money back - I was happy," said Drake.

Conner admitted stealing the money after hearing stories from the three students who had stolen the $18,000 and returned it.

Conner, who spent $3,000 of the money, claimed he had accomplices, but Drake concluded he acted alone. Conner was charged with felony burglary and two counts of making a false statement, a misdemeanor, and sent to Ulster County Jail on $50,000 bail. Drake said the case went to a grand jury last month.

The three students who initially stole the $18,000 and then returned it were charged with felony grand larceny; their cases are also pending.

Drake, who now lives in Westport, was recently promoted to sergeant. (Freeman 5/17/03)

 

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 Local Scholar to Celebrate Emerson Anniversary (5/27/03)

Richard Geldard, a Kerhonkson author and Emerson scholar will give a talk on Emerson at the Uptown in the Stockade District (North Front St.) in Kingston.  pm Wednesday May 28 at 7:00 pm.  He will be reading from Emerson's work on the Examined Life and then hold a conversation with the audience. Details can be found at hvpn@designeq.com or by calling 845-339-8440. There is a modest charge for  refreshments.
Other Emerson-related events in which Geldard will participate include two events at Faneuil Hall in Boston, the "Cradle of Freedom," in June and September. These events will be available as web casts through WGBH in Boston. Information can be found at
www.faneuilhallforum.com
Emerson quote for the month: "When a whole nation is roaring Patriotism at the top of its voice, I am fain to explore the cleanness of its hands and purity of its heart." (Journal, Dec. 1824, age 21)

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 Studio Wanted (5/27/03)

 

 WANTED: a quiet writer's studio/cottage to rent. I'm a journalist/poet/essayist living in Accord who needs a separate workspace to go to each day. My ideal would be a cozy cottage in the woods with electicity and some form of heating--a wood stove is fine. Please

contact Will Nixon at wnixon@earthlink.net or at 626-8195. My web site of essays about my former cabin in Phoenicia is www.mycabinfever.com

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Wildflower Festival on May 17

The Catskill Center For Conservation & Development and Catskill Native Nursery

Invite You To The 3rd Annual  WILDFLOWER  FESTIVAL, Saturday, May 17th*, 10:30 - 3:00, at Catskill Native Nursery 607 Samsonville Rd., Kerhonkson, NY 845-626-3502 or 2758. 

On-going talks and demonstrations about native wildflowers, herbalism, gardening and land preservation. Plants, pottery and garden art for sale. We will also have some heirloom vegetables for sale at this event

Schedule of Talks:

11:00 "Native Wildflowers of the Catskills" - with Francis Groeters, Catskill Native Nurdery

12:00 "Ethical Wildcrafting" with Jen Prosser of Sunstone Herb Farm

1:00 "Designing & Planting a Successful Garden" with Lisa Cady of Hart & Serpent Garden Design

2:00 "Flowers that Heal" with Aleese Cody of Help's On The Way Herbals

 

Also represented United Plant Savers, Northeast Herbal Association, The Catskill Forest Association, Monarda Apothecary, Olive Natural Heritage Society,  Hart & Serpent Garden Design, Help¹s On The Way Herbals, Sunstone Herb Farm,*Raindate Sunday May 18th

  

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Property Taxes

Think your property taxes are too high? Short of convincing your town or school district to cut its budget, challenging your assessment may be your best shot at lowering your property tax bill.
Each year, thousands of Hudson Valley residents and business owners challenge their property assessments, and many see their assessments – and consequently their property tax bills – lowered as a result.
The last countywide records available are from 1994, when there were 6,000 property tax grievances filed in Orange, Ulster and Sullivan counties. About a third of those resulted in reductions.
On property assessment grievance day, taxpayers who think their assessments are too high can plead their case before a local Board of Assessment Review, which has the power to adjust assessments. The review boards will meet on May 27 in most local municipalities.
Taxing districts (cities, towns, school districts, etc.) levy taxes based on your property's assessed value.
If you want your assessment lowered, it's not enough to complain that your taxes are too high. You've got to prove that your taxes are higher than they should be, based on the value of your home.
"Everyone is looking for equity," said Yvonne Duryea, the Port Jervis assessor and president of the Orange County Assessors Association.

Everything's relative
New York state law requires all properties in a municipality to be assessed at the same percentage of market value. If your town assesses properties at 80 percent of full value, for instance, then a $300,000 home should be assessed at $240,000, and a $100,000 home at $80,000.
But the system isn't perfect, and many local towns and cities haven't updated the valuations of their properties in a decade or more, so some assessments have likely gotten out of whack. The recent run-up in home prices has only accelerated the gap between market value and some older assessments.
In a typical revaluation, perhaps a third of all assessments increase, a third decrease and a third stay the same, said Molly Wanat, the assessor for the Town of Wallkill.
Sometimes town records are simply incorrect, overstating a home's size or condition.
In Robert Carieri's case, his assessment was out of touch with the real-estate market. Fifteen years ago, Carieri built two identical two-family homes on Highland Avenue Extension in the Town of Wallkill. He complained about the assessments for years, but got nowhere. Then he sold one of the buildings – at a price more than $20,000 below its assessed value.
Problem solved.
"They finally came around and gave me a reasonable number," said Carieri, who figures he's saving $800 to $1,000 a year on the building he kept. "What gets me is all the years I was misassessed."

Making your case
If you think your home is assessed at a higher percentage of its market value than it should be (see accompanying graphic to find out how), you might consider filing a grievance.
Assessors published their tentative assessment rolls May 1. You can go to your local assessor's office and review the records to get a sense of where your assessment ranks compared to the rest of the town. If you can convince the assessor that your assessment is too high, they'll recommend a lower assessment to the review board.
If you and the assessor don't agree, you can ask for a grievance form and a copy of the state's guide, "How to File for a Review of Your Assessment," and get to work.
You can file a grievance form right up until the hearing, but if you wait until within three business days of grievance day, the assessor has the right to request that your hearing be postponed.
Before you can successfully challenge your assessment, you have to know what your home is worth.
Assessors use three methods for valuing properties, according to Joe Hesch, spokesman for the New York state Office of Real Property Services: market value, replacement cost and income potential, which applies only to commercial or rental properties.
We'll stick to the first two methods here. First, the market method:
If you recently bought or refinanced your home, the sale price and the appraisal done for your bank should provide a good sense of the value of your home.
If you've owned your home awhile, you should consider spending the $250 or $300 to have a professional appraisal done. Then, you can also compare your home's value – and its assessment – to other, similar homes in town that have sold recently. Records are available at the assessor's office.
"When you talk about a comparable property, you want to find one that is pretty much like yours, in terms of size, amenities, condition," said Hesch. "When the rubber hits the road, it still is: What would a willing buyer pay a willing seller for the home?"
The other method estimates replacement cost for the home, then subtracts out depreciation based on the home's age. Your insurance agent can provide information on your home's replacement cost.
"Ideally, they should match. Both approaches to value should come up with the same number," Hesch said.
When you appear before the review board, it's up to you to show that your assessment is higher than those comparable homes, or compared to the town overall.
"The assessment is correct until the property owner can show it to be incorrect," Hesch said. "You have to make a case that your assessment is either unequal or excessive."
On the bright side, even if you lose your case, at least the review board can't raise your assessment.

Appeals
If you're not happy with the Board of Assessment Review's decision, you can file an appeal. Owners of one-, two- or three-family homes are eligible for a small-claims assessment review, which is held at the county level in front of a hearing officer and requires a $25 filing fee.
Last year, there were 51,218 small-claims assessment reviews in New York state, about 84 percent of them taking place in Nassau County. Locally, there were 44 small-claims reviews in Orange County, 70 in Sullivan and 31 in Ulster.

Mark your calendar
May 1: The tentative assessment roll is filed at your local assessor's office.
May 21: File your grievance form, with supporting evidence if possible, with the assessor to ensure that your hearing won't be postponed.
May 27: Grievance day in most municipalities (a few local towns that share assessors use alternate days). Check with your assessor for time and location. You can still file a grievance form on grievance day, but the review board may postpone your hearing.
July 1: The final assessment roll must be filed by this date. By now, you should have been informed of the outcome of your hearing. You have 30 days after the final roll comes out to file for a small-claims assessment review. (TH Record 5/11/03)

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An idiot's guide to Catskill casinos

By Steve Israel
Times Herald-Record
sisrael@th-record.com

What's up with casinos in the Catskills?
Are they for real?
When will they get here?
Why do Indians have to run them?
And what about VLTs at Monticello Raceway? Do they come with mayo – or do they have something to do with slot machines?
We hear these questions every day. We even have a folder on the office wall called an "Idiot's Guide to a Catskills Casino."
But, hey, you don't have to be an idiot to ask questions about casinos. After all, we've been talking about these things for decades and we still don't have any concrete answers.
But now, with the Mohawks expected to sign a deal with the state as soon as tomorrow, the odds seem better than ever for those casinos.
That's why it's time to present the everything you need to know and aren't afraid to ask "Idiot's Guide to Casinos in the Catskills."

Why casinos in the Catskills?
Why else?
Money.
After Sept. 11, New York State needed money. The Legislature and Gov. Pataki passed a law allowing six Indian casinos in the state – three in western New York and three in Sullivan and/or Ulster counties. Since the Catskills were once home to hundreds of resorts, lawmakers figured casinos could pump money into a struggling area that would be the closest casino market to New York City.
Three casinos could bring the state some $500 million per year.

Who are the players?
The St. Regis Mohawks and Park Place Entertainment want to build a casino at Kutsher's Sports Academy outside Monticello. Park Place owns more than two dozen casinos, including Caesars, Bally's, the Flamingo and the Las Vegas Hilton.
The Stockbridge-Munsee Band of Mohicans and Mohegan Sun developer Trading Cove Associates want to build a casino in Bridgeville, off Route 17's Exit 107. Trading Cove is partially owned by Kerzner International, which owns several casinos, including Sun International in South Africa, Atlantis Paradise in the Bahamas and Resorts International in Atlantic City.
The Cayuga Nation and Empire Resorts want to build a casino at Monticello Raceway.
The Modoc tribe of Oklahoma wants to build a casino outside Ellenville.
The Oneida Nation of New York wants a casino in the Catskills, but hasn't picked a spot.

Why Indian casinos?
Casino gambling for profit is unconstitutional in New York. But federal law allows Indian casinos in states with nonprofit casino gambling, like casino nights in a firehouse.
A lawsuit challenging Indian casinos in New York says the federal government can't give a state power it doesn't have under its own constitution.

Why Park Place and Trading Cove?
Tribes often hook up with big gambling companies to manage and/or develop their casinos. Park Place will manage the Mohawk casino for seven years and 35 percent of the profits, the maximums allowed by law. Trading Cove has a 20-year development deal with the Stockbridge-Munsee. The tribe will manage the casino.

What's taking so long?
The Indian casinos in the Catskills will be built on non-Indian land. But casinos can only operate on sovereign Indian land. So the tribe must apply to the federal government to make the land Indian. At the overworked and understaffed Bureau of Indian Affairs, reviewing thousands of application pages takes years.

What's taking so long, Part 2
Tribes must also cut deals called compacts with New York State that outline things like the state's cut of the deal. The tentative agreement for the Mohawk compact also settles the tribe's multimillion-dollar land claim. It's the blueprint for other tribes' land claims.
You know how long it takes the state to complete its budget? Multiply that by years.

What's taking so long, Part 3
The Bureau of Indian Affairs must also review contracts between casino managers like Park Place and tribes like the Mohawks. The BIA also conducts extensive investigations into the conduct of the managers.

What about that lawsuit?
It challenges the law that allows Indian casinos in New York State. The suit says the law is unconstitutional.

When will it be settled?
A decision could be issued within weeks. Appeals could take months.

And what if the court rules the casinos are unconstitutional?
The pro-casino forces will spend more millions to try to redo the law to make casinos constitutional.

What's all the local talk about $15 million or $5 million?
Since the casinos will be built on sovereign Indian land, they won't pay taxes.
But they will have an impact on things like traffic, crime and schools. The Mohawks and Stockbridge-Munsee have said they'll pay Sullivan County $15 million per year for the impact. The Cayuga Nation wants to stick with the $5 million Monticello Raceway agreed to pay Monticello for a Mohawk casino that never opened at the track.

What's up with VLTs at Monticello Raceway?
The same law that allows casinos in the Catskills allows harness tracks to run video lottery terminals – actually slot machines connected to the state lottery system.
But track owners said the law didn't give them a big enough piece of the profits.
The cash-hungry state just upped the track's slice of the pie in the budget, which the governor must approve. Track owners hope slots could be installed within a year. They don't need federal approval. They won't be run by Indians. But a lawsuit challenges the law that allows them.

So when will casinos come to the Catskills?
The best guess is not for a few years.
Let's take the front-runner, the St. Regis Mohawks at Kutsher's. Federal approval could come within a few months. The state lawsuit could be settled in the fall. More lawsuits challenging the environmental impact of the casinos could last into 2004. That makes 2005 sound reasonable.
But we'd be idiots to tell you when or if the casino will be built. (TH Record 5/11/03)

 

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Rochester celebrates 300th anniversary

Historians talk about how important a "sense of place" is for a community - understanding the geology and antiquity of a region. As Rochester history buff Alice Cross promotes Saturday's Rochester History Day, she has been talking more about renovating a place to protect and promote her community's history.

 

Chief newsletter writer and president of Friends of Historic Rochester, Cross has been working to raise money to renovate one of the town's landmarks into a space that can better serve as a library, museum and education space. Now marked with a sign reading Friends of Historic Rochester, Inc. Museum, Library, Meeting Room" the 12 Main St. building dates back to 1800.

So from 11 a.m. to 4 p.m. Saturday, the museum will be open to sell Tercentennial mugs, T-shirts, and copies of Friend's genealogical gem the "Cemetery Book," as well as copies of the group's newsletter "The Accordian."

The Tercentennial mugs are left over from 2001, 300 years from the earliest references to official Protestant Dutch Reformed Church of America records of a church being established in the community. Then, the community was known as Mombaccus, named after a Native American leader.

The town's official beginning came in 1703 when Queen Anne of Britain gave the community a patent to convey to settlers ownership of lands in what she named the Town of Rochester, after one of the Earls of Rochester. At the time, the town's borders encompassed the present towns of Rochester, Wawarsing, Gardiner and portions of Sullivan and Delaware Counties.

Town Historian Alice Schoonmaker couldn't say for sure which Earl of Rochester the town was named after, but it may have been the poet John Wilmot, the second and most famous of the Earls of Rochester.

Wilmot died in 1690 after a life marked by devilish pranks, sexual conquests, bawdy jokes, and drunken escapades. A favorite of King Charles II (when the king wasn't banishing him for varied offenses) Wilmot wrote poetry and scathing satires of the upper classes.

The Friends of Rochester museum has nowhere near as lurid a history as Wilmot's biography, but it does have plenty of stories to tell.

The building dates back to an important transition, for the town. Judging by the boards, beams and mismatched windows that make up the museum, architectural historian Harry Hansen of Kyserike Restorations of Stone Ridge determined the building likely was raised around 1800, when the Delaware and Hudson Canal was filled in and railroad tracks were laid right through town. To make space for the railroad, D & H Canal office and storage buildings had to be demolished.

"It's a real hodgepodge, but it was very interesting," he said. "It's a compilation of various building elements that were all brought together."

Unfortunately, the building's historical charms have been insufficient to support a historically-correct restoration of the space, so Friends of Historic Rochester have opted for a more practical - and less expensive - solution. Renovation.

"We are renovating it to make it useful," Cross said.

A silent History Day auction will feature antiques, artworks and other saleable items at the Accord Fire Hall on Main Street. The Community Center will sell food from noon to 2 p.m. Video presentations of local history are also part of History Day, as well as a demonstration of 19th century tools and construction techniques.

Cross said she would love to sign up more Friends of Historic Rochester members. The newly-increased dues, $20 per year, get members copies of the quarterly newsletter "The Accordian."

In it, Cross and her "miniscule" "The Accordian" staff publish letters, historical accounts and town news. The next edition, she said, should feature some of her research into the many mills that once dotted the landscape of Accord.

For those who can't attend History Day but wish to subscribe to "The Accordian," send checks to Friends of Historic Rochester, PO Box 229, Accord, NY 12404. (Freeman 5/9/03)

 

 

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Saugerties orders work halted at Shott Rock mine in Veteran

VETERAN - The town of Saugerties ordered Shott Rock Inc. to halt operations Monday after the company began hauling tractor-trailer loads of bluestone on pallets along Morse Road from the 45-acre site where the town had previously ordered a cessation of work.

The company began hauling the already-excavated stone from the site after receiving a ruling by state Department of Environmental Conservation Deputy Commissioner James Ferreira dated April 18 saying Shott could remove the 1,200 pallets of stone without a Mined Land Reclamation permit. Shott is currently applying to the state agency for such a permit.

Town officials were alerted to the resumption of work at the site by neighbors awakened early Monday by the trucks.

After consulting with Town Attorney George Redder, who reviewed the town zoning law and copies of the ruling by Ferreira, town Building Inspector Paul Andreassen was sent to the site to enforce town law and zoning codes by issuing a stop work order.

Redder said in a letter to Andreassen that Ferreira's ruling said the bluestone removal was found not to fall under the permit requirements but the ruling did not address the town's zoning code. In Ferreira's ruling, it states, "It remains incumbent upon the petitioners (Shott Rock) to accomplish this activity in an environmentally sensitive manner and in compliance with applicable laws and regulations."

"Town law carries a different set of statutes than ... state law," said local attorney March Gallagher, an opponent of the opening of the mine, when contacted by phone.

"There are specific zoning laws in town that prohibit not only mining but the removal for distribution of that product from a residential area," Gallagher said.

Town code prohibits the operating of wholesale or business trade in an R-2 district.

The new stop work order was issued to mine owner Gilbert Shott's son, Mike Shott, who was operating a fork lift when Andreassen arrived. One tractor-trailer was being loaded at the time.

He was cordial but a little surprised to see me," Andreassen said of Mike Shott later.

Andreassen believes Shott will honor his order and will allow the matter to take due process.

"If they don't, we'll consider other options," Andreassen said.

An injunction could be obtained from state Supreme Court, but Andreassen said, "I certainly hope it doesn't get to that point. The town prefers that it not."

Tractor-trailers carrying bluestone began moving out of the site at 7 a.m., according to neighbor Bob O'Leary, and by the time Andreassen arrived at 1:30 p.m. six flatbed tractor-trailer loads had already left the site, he said.

"The town did not act fast enough," O'Leary said. "I am sure there are reasons why, but I don't understand them."

Town Supervisor Greg Helsmoortel said he was pleased by the town's prompt action in issuing the additional stop work order, adding that the violation had to be stopped.

Councilwoman Marie Post agreed, adding, "The law has to be followed to protect the residents of the town. It's our job."

Gilbert Shott could not be reached for comment on Monday.

Shott has already sued the town claiming the town did not follow proper procedures in May 2002 when it passed the zoning change prohibiting mining as a permitted use in a residential district, but a state Supreme Court ruling last November upheld the town actions. Shott has appealed the decision, with oral arguments due to be heard May 21.  (Freeman 5/13/03)

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Annual Ulster County Tax Auction on May 22
Ulster County's annual tax auction will take place on May 22, 2003 9:30 AM at The Student Dining Center - Vanderlyn Hall
Ulster County Community College, Stone Ridge, New York The Annual UlsterCounty Tax Auction Brochure is available on line at:
http://www.co.ulster.ny.us/auction/index.html

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School Budget Vote and School Board Election Date Changed
The Rondout Valley Central School District has changed the date of its budget vote and election to June 3.

Kerhonkson/Accord Chamber of Commerce, Inc. Faux Academy Awards Dinner
Tickets are now available for the Kerhonkson/Accord Chamber of Commerce's Fifth Annual Faux Academy awards Scholarship Dinner Dance on Friday, May 30, 2003 at Twin Lakes.
The year's theme is "Spirit of America," honoring volunteers and those who give unselfishly throughout their lives to others in many ways. This year's recipients of Lifetime Achievement Awards are the Previll family (Lee & Nick and Harry and Eileen), Doris and Ed Lamon, and Buddy Hornbeck all who have and continue to make it their life's work helping and giving to others. This year's $500 Performing Arts Scholarship goes Matt Cunningham a Rondout Valley High School senior pursuing a career in the arts for his excellence in playing the drums.
Tickets are $45 per person and it includes an hour open bar cocktail hour, a full course dinner, and a lot of fun. Adam Paddock, who year after year, provides music for everyone's taste. For ticket, requests please call Valerie Weaver at 845-626-2616, or 845-626-5537. email:
valerie3W@peoplepc.com

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No action on mobile home park moratorium
ACCORD - Rochester Town Board members have taken no action on a proposed moratorium on new or expanding mobile home parks in the town, despite a plea from Councilman Randy Hornbeck
Although Hornbeck said he did not support establishing such a moratorium when town residents first requested it of the board in March, reading materials on land use moratoriums that were presented to the board at the last Town Board meeting by resident Michael Baden has changed his mind.
"A moratorium is just for giving us some time to take a good look at things and see where we want to go," Hornbeck said. "I am not against mobile home parks, but I believe that we need to take a look at them in our town."
Hornbeck said the six months that could be gained from such a moratorium would allow the town to get input from the taxpayers and consider how the sizing of trailer parks affects schools.
"Maybe we should insist on putting a limit on them, allow only 10 to 12 on a particular site," he said. "We really need the time to look at these things."
Residents unhappy about plans to increase the number of trailer lots from 16 to 64 at Streamside Estates in Kerhonkson had asked Town Board members to pass the moratorium. Individuals and members of the Rochester Resident Association and the town Historic Preservation Commission said they were concerned, among other things, with Streamside Estates' contiguous border with the Terwilliger-Smith Farm, a protected resource listed on the state Register of Historic Places. Another of their concerns was Streamside Estates' proximity to the Mombaccus Creek, which is classified by the state Department of Environmental Conservation as a trout spawning stream.
"Everyone thinks it's about one trailer park, which it's not," Baden said while board members were in executive session. "I am just trying to educate (the Town Board) on what they can do."  (Freeman 5/5/03)

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Legal Notices (51/2/03)

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NOTICE IS HEREBY GIVEN, that the Zoning Board of Appeals of the Town of Rochester will hold a public hearing on the 12th day of May 2003 at the Town Hall, located at 50 Scenic Rd., Accord, NY, on Application by Ernest Quick for Area Variance for side yard setback for garage on property located at 102 Van Tine Road, Kerhonkson, NY, on Tax Map #68.001-03-06 and in an `A District of the Zoning Map. The above noted application and map are open for inspection at the offices of the Zoning Board of Appeals and Town CLerk, Accord, NY. Persons wishing to appear at such hearing may do so in person by attorney or other representative. The applicant must be present or represented at the hearing." (Freeman 5/1/03)

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NOTICE IS HEREBY GIVEN, that the Planning Board of the Town of Rochester will hold a public hearing on the 20th day of May 2003, commencing at 7:00 p.m. at the Town Hall, 50 Scenic Road, Accord, N.Y. on Application by Franklin Knispel for Special Use Permit for Utility Trailer Sales on property located at 5167 Route 209, Accord, N.Y. Tax map #76.002-0-2-28 and in a "B District of the Zoning Map. Application and map are open for inspection at the offices of the Planning Board and Town Clerk, Accord, N.Y. Persons wishing to appear at such hearing may do so in person or by attorney or other representative. Should this meeting be cancelled, the public hearing will be held by the Planning Boar at a workshop meeting on May 27, 2003, at 7:00
p.m. at the Town Hall, Accord, N.Y.

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PLEASE TAKE NOTICE that the Town of Rochester Town Board is seeking bids for the complete removal of the Town owned bridge located in the Cherrytown area of the Town. Bids to be received on or before 5/29/2003 at 10:30 am at the Office of the Town Clerk at which time they will opened and read aloud. Specifications for Bridge Removal are available at the Town Clerks Office, 50 Scenic Road, P.O. Box 65, Accord, N.Y. 12404, 845-626-7384. The Town Board has the right to reject any and all bids. By order of the Town Board Veronica Sommer Town Clerk/Tax Collector/ RMC Freeman 5/8/03

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PLEASE TAKE NOTICE that the Town of Rochester Town Board is offering for sale to the highest bidder a variety of surplus equipment. Specifications available at the Town Clerk s Office, PO Box 65, 50 Scenic Road, Accord, N.Y. 12404 - 845-626-7384. Bids to be received on or before May 29, 2003 at 11:00 a.m. at the Town Clerks Office at which time they will be opened and read aloud. Equipment may be inspected by appointment Mon. through Fri. 8:00 a.m. to 3:00 p.m. by calling the Highway Superintendent at 845-626-7221. The Town Board has the right to reject any and all bids. By order of the Town Board Veronica I. Sommer Town Clerk/Tax Collector/RMC (Freeman 5/8/03)

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PLEASE TAKE NOTICE that the Town of Rochester is seeking bids for the clearing of approximately 1/8 acre of land of Town owned property. Scope of project - Land to be cleared of all timber, brush, etc. Timber to be removed, brush to be either chipped or removed. Inspection of site by appointment only with the Highway Superintendent by calling 845-626-7221. Bids to be received on or before 5/29/03 at 11:30 .m. at the Town Clerks Office, 50 Scenic Road, Po Box 65, Accord, N.Y. 12404 at which time they will be opened and read aloud. Bids to be awarded at the discretion of the Town Board. The Town Board has the right to reject any and all bids. By order of the Town Board Veronica I. Sommer Town Clerk/Tax Collector/RMC (Freeman 5/8/03)

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NOTICE OF COMPLETION OF TENTATIVE ASSESSMENT ROLL NOTICE IS HEREBY GIVEN that the Assessor of the Town of Rochester, County of Ulster, has completed the tentative assessment roll for the current year and that a copy has been left with the assessor at the town hall, where it may be seen and examined by any interested person until the fourth Tuesday in May. The Assessor will be in attendance with the tentative assessment roll on Wednesdays, May 7th and 14th, and Thursdays, May 8th, 15th and 22nd, between the hours of 9am-11am and 1pm-3pm, and on Saturday, May 17th, between the hours of 9am-1pm, and Wednesday, May 21st, between 6pm-9pm. The Board of Assessment Review will meet on Tuesday, May 27th, 2003, between the hours of 6pm and 10pm, in said town, to hear and examine all complaints in relation to assessments, on the written application of any person believing himself to be aggrieved. Dated this 1st Day of May, 2003 Sharon Hornbeck Assessor (Freeman 5/2/03)

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REVISED NOTICE OF ANNUAL BUDGET VOTE AND BOARD ELECTION RONDOUT VALLEY CENTRAL SCHOOL DISTRICT NOTICE IS HEREBY GIVEN that the Annual Budget and Board Election of the Rondout Valley Central School District will be held in the Gymnasium at the Rondout Valley High School, on Kyserike Road, Accord, New York, on Tuesday, June 3, 2003 between the hours of 10:00 a.m. and 9:00 p.m. prevailing time. NOTICE IS FURTHER GIVEN that a copy of the statement of the amount of money which will be required for School District purposes during the 2003-2004 school year (the Budget), exclusive of public monies, may be obtained by any resident of the District during business hours, between the hours of 9:00 a.m. and 3:00 p.m. at each of the Districts schoolhouses and at the District Offices, effective May 20, 2003, except Saturday, Sunday or holidays at the following locations: Kerhonkson Elementary School, High School Marbletown Elementary School, Middle School Rosendale Elementary School, District Office NOTICE IS FURTHER GIVEN that a Public Hearing on the Budget will be held on May 27, 2003, at 7:00 p.m. (prevailing time) at the District Office on Kyserike Road, Accord, New York, for the purpose of presenting the budget document for the school year, July 1, 2003 - June 30, 2004. NOTICE IS FURTHER GIVEN that petitions nominating candidates for the Office of member of the Board of Education must be filed with the Clerk of the District not later than 5:00 p.m. on Monday, May 5, 2003. The term of office is for three (3) years. The following vacancies are to be filled: Term of Gail Hutchins, expiring June 30, 2003 Term of Michael Redmond, expiring June 30, 2003 Term of Rebecca Reeder, expiring June 30, 2003 Each petition shall be directed to the Clerk of the School District, shall be signed by at least 54 qualified voters of the district, shall state the residence of each signer, and shall state the name and residence of the candidate. PLEASE TAKE FURTHER NOTICE that, pursuant to the Education Law, any qualified voter of the District may vote without prior registration. NOTICE IS FURTHER GIVEN that the School District shall require all persons offering to vote at the Special School District Meeting to provide one form of proof of residency with physical address, including but not limited to: Drivers License with physical address Non-Driver Identification Card Voter Registration Card Board of Elections Notice of Voting Location Check Book with physical address State Tax Form Heading with School ID #543 Automobile Insurance Policy with physical address NOTICE IS FURTHER GIVEN that pursuant to Section 2018-b of the Education Law, applications for absentee ballots for the Special School District Meeting may be obtained at the Office of the District Clerk at least seven (7) days prior to the vote if the ballot is to be mailed to the voter or the day before the vote if the ballot will be picked up personally by the voter. Written requests for absentee ballots must be made at least seven (7) days and no more than thirty (30) days prior to the vote. Absentee ballots must be received at the Office of the District Clerk by no later than 5:00 p.m., prevailing time, on the day of the vote, June 3, 2003. A list of all persons to whom absentee ballots shall have been issued will be available for inspection to qualified voters of the District at the Office of the District Clerk during regular office hours, 9:00 a.m. to 3:00 p.m., prevailing time, until the day of the Election and Vote. Any qualified voter may file written challenge of the qualifications of a voter whose name appears on such list, stating the reasons for the challenge. AND NOTICE IS FURTHER GIVEN that any proposition or question not requiring official notice in the call of the annual vote and election may be voted upon at said vote and election, providing a petition signed by at least one hundred (100) qualified voters, together with the legal residence of each, is filed with the Clerk of the District no later than thirty (30) days before the vote. Dated: April 29, 2003 BY ORDER OF THE BOARD OF EDUCATION Rondout Valley Central School District, By Lorraine P. Sciarrino, District Clerk (Freeman 5/9/03)

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LEGAL NOTICE Notice is hereby given that beer and wine, license number 2117542, has been issued to the undersigned to sell beer and wine under the Alcoholic Beverage Control Law at 4728 Route 209, Accord, Ulster County for on-premises consumption. Twiggys Family Restaurant 4728 Route 209, Accord

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Earth Day Celebration on Saturday, April 26
The Town of Rochester Youth Commission and a number of local organizations are holding an Earth Day Roadside Clean Up on Saturday.  Groups and local residents have "adopted" roads in town and will pick up roadside litter and junk.  The day will be concluded with a pot luck supper at the Community Center in Accord, starting at 6:00 pm.  For more information, call the Youth Commission at 626-2115.

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Spring play series continues
A premiere reading of Accord resident Nicole Quinn's "Racing Daylight" screenplay will be held at 8 p.m. tomorrow at Oddfellows Theater on Route 213 in Olivebridge
The reading is the second in the Actors & Writers Spring Reading Series. Quinn has written for HBO, Showtime, network television, Jodie Foster's Egg Pictures and recently completed her memoir, "Habit Forming."
The characters of "Racing Daylight" battle insanity and hauntings. They struggle with love.
Admission is free, but donations are welcome. The doors open half an hour before curtain time. Parking is available at the nearby firehouse. For more information, call 657-9760.

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Kerhonkson/Accord Chamber of Commerce, Inc. Faux Academy Awards Dinner
Tickets are now available for the Kerhonkson/Accord Chamber of Commerce's Fifth Annual Faux Academy awards Scholarship Dinner Dance on Friday, May 30, 2003 at Twin Lakes.
The year's theme is "Spirit of America," honoring volunteers and those who give unselfishly throughout their lives to others in many ways. This year's recipients of Lifetime Achievement Awards are the Previll family (Lee & Nick and Harry and Eileen), Doris and Ed Lamon, and Buddy Hornbeck all who have and continue to make it their life's work helping and giving to others. This year's $500 Performing Arts Scholarship goes Matt Cunningham a Rondout Valley High School senior pursuing a career in the arts for his excellence in playing the drums.
Tickets are $45 per person and it includes an hour open bar cocktail hour, a full course dinner, and a lot of fun. Adam Paddock, who year after year, provides music for everyone's taste. For ticket, requests please call Valerie Weaver at 845-626-2616, or 845-626-5537. email: valerie3W@peoplepc.com

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Clydesdales, Belgians and Shires, oh my!
By Linda Fite, Times Herald Record

The Hudson Valley Draft Horse Association is holding its annual Spring Plow this weekend in Kerhonkson, and teams of draft horses and a few mules are coming from near and far to meet, greet and compete.
There'll be Belgians, Percherons, Clydesdales, Shires - all the big horses that did all the heavy work, plowing, hauling and pulling for centuries, until the introduction of the internal combustion engine.
While the internal combustion engine might beat a mule in pulling strength, the mule beats the machine by a mile when it comes to certain other attributes. Stubbornness is among them.
The Spring Plow competition, which takes place Saturday and Sunday, involves skills of horses and teamsters.
How straight and even is the plowed bed? Are the furrows uniform in depth and width? How steady and strong is the team's pull? Is the teamster good at his job, communicating signals with a clear voice and good hands on the lines?
"I hate to brag, but I've had two first prizes in the walking plow [competition]," says Howard Quimby of Marlboro.
"Not just because of me, but because the mules are slow and steady ... and pretty obedient."
Still, Quimby admits, "You might swear at them a little."
The HVDHA, a nonprofit organization, was formed in January 1981 to promote the use and appreciation of draft horses.
Tractors and other farm machinery almost eradicated the draft horse from America, but thanks to the Amish and horse lovers of all walks of life, the gentle giants have made a resounding comeback. The HVDHA is part of that renewal.
This weekend's event features not only the plowing competitions - with combinations of walking plows and sulkies and teams of various numbers of horses or mules - some years a team of oxen has competed - but also a craft fair, games, local produce and a delicious chicken barbecue dinner served up by congregants from the nearby Rochester Reformed Church.
One bit of advice: If you're planning on going to the Spring Plow, wear your old shoes. Even better, wear boots. Expect to encounter mud, not to mention manure. (TH-Record 4/24/03)

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School Board Candidates

Candidates interested in running for open seats on school boards submitted their petitions by the deadline of 5 p.m. Monday in most Ulster County school districts.
Rondout Valley school board incumbents Michael Redmond, Gail Hutchins and Rebecca Reeder are running unopposed for their seats. Ellenville board members Iris Friedman, Anthony Percoco and Ernest Bollin will also be running unopposed. Each board member in all the districts serves a three-year term. All school board elections will be held May 20, the same day of each district's budget vote.
(Freeman 4/22/03)  If you would like an absentee ballot application, please call Jenny Tesseyman at 845-687-2400 or send an email to Resident@Accord-Kerhonkson.com

Information on the School Budget is available online at
http://rondout.k12.ny.us/Proposed2003-04Budget.htm

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District deal satisfies Ulster County Democratic leader
KINGSTON - Ulster County's Democratic chairman sees the Legislature's compromise on redistricting as a victory for voters because it will give them a direct voice about the future of county government.

"My big thing is the people in the county ought to have a right to be brought into the process more, and I'm fulfilling that obligation," John Parete said on Thursday.
County lawmakers on Wednesday approved a 12-district legislative setup for this fall's election - and subsequent elections through 2010 - and agreed to put a referendum on the November 2003 ballot that will ask voters whether the Legislature should be reduced from 33 to 23 members and whether the legislative map should be redrawn so that each district is represented by a single lawmaker. If the smaller body and the 23 single-member districts are approved, they would take effect in 2012.
This 12-district plan adopted on Wednesday renders moot a nine-district plan - known as Local Law No. 4 of 2002 - that was ratified by county lawmakers in December, as well as a 33-district plan enacted last week by state Supreme Court Justice Vincent Bradley as a one-time-only arrangement for the November 2003 election.
The 12-district compromise was reached during a closed-door meeting on Wednesday among Parete; his son, Legislator Richard Parete, D-Accord; Legislature Majority Leader Richard Gerentine, R-Marlboro; Legislator Frank Felicello, R-Marlboro; and Ulster County Attorney Francis Murray.
The elder Parete, a staunch supporter of single-member districts, said he was open to negotiating a deal because uncertainty about the county's districts had dragged on for so long and because the outcome of the county's appeal of the single-member district plan was in doubt.
Parete also said the 12-district plan, which will replace the county's current seven-district setup, is a "step in the right direction" toward smaller districts.
He said Democrats also raised the issue of changing to a county executive form of government, but Republicans - who currently occupy 24 seats in the 33-member Legislature - rejected it.
Before the 12-district plan can take effect, there are loose ends that need to be tied up.
First, John Tobin of Ellenville, who took the county to court over reapportionment two years ago and has been a party in the ongoing case, must agree to the deal.
Also, the deal must pass muster with U.S. District Judge Lawrence Kahn, who Murray said has jurisdiction. While most of the legal action over reapportionment has been in Bradley's court, a case filed in federal court by county GOP Chairman Peter Savago puts the case before Kahn.
Savago could not be reached for comment on Thursday.
Murray said November's referendum - regarding the smaller Legislature and single-member districts - will be enforceable, even nine years into the future.
"I don't know how much more definite you could get on that point," he said.
The 12-district plan, which maintains the Legislature's current membership of 33, includes three districts with four representatives each and nine districts with either two or three members each.
The plan keeps 15 of the county's 20 towns intact within districts and divides the towns of Shawangunk, New Paltz, Marbletown, Saugerties and Ulster among two or more districts. The city of Kingston is split among three districts: two contained within city boundaries, and one made up of a small part of Kingston and most of the town of Ulster. (Freeman 4/25/03)

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Ellenville casino developers attempt to woo skittish community

By Paul Brooks
Times Herald-Record
pbrooks@th-record.com

Ellenville - Developers of a casino on the southern flank of the old Borscht Belt may or may not be nice guys, but that is beside the point, a representative said last night.
"We are very smart guys," said David Lenefsky, "and we know that you cannot run a business like this in a hostile environment. We are going to go out of our way to be a good neighbor."
So when Wawarsing Supervisor Richard Craft called and asked about a donation to a local organization, Lenefsky told the 200 people at Ellenville High School last night that he merely asked: "How much?" Craft said $3,000 to $5,000; Lenefsky wrote the check for $5,000.
But it may take more than that to convince residents of the Wawarsing, Ellenville, and even neighboring Sullivan County that the proposed casino will be a good neighbor. The residents at the Ellenville Chamber of Commerce forum on the casino still had plenty of questions and concerns.
Ellenville Mayor Jeff Kaplan said the village, Wawarsing, local school and fire and emergency districts will bear the brunt of the casino's impact. So, he added, they should get most of the $15 million the developers and the Modoc Indian tribe of Oklahoma have agreed to pay each year. He proposed keeping 80 percent locally and giving the county 20 percent. As it is now, they have to go to the county to ask for money.
"If we have to beg, we are not going to be the armpit of Ulster County anymore, we are going to be the laughingstock," Kaplan said.
Even so, Kaplan said he is unsure the local communities can stop the plan.
Lenefsky said developers are negotiating with a New York Indian tribe to join in the deal. That would remove the biggest stumbling block so far: The federal Bureau of Indian Affairs has never approved a casino deal for an out-of-state tribe like the Modocs. He hopes to see those talks concluded successfully and the application approved by the BIA in six to eight months. Then he sees it taking another two to three months to reach a deal with Gov. George Pataki. He did not forecast last night when the casino would open its doors for business.
If and when it does, the casino on 260 acres straddling Route 209 south of the village will have a huge economic impact. It will employ 3,000 people with average salaries of $27,000. It will pay $18 million in benefits and $28 million in payroll taxes alone.
Residents asked about the impact on traffic, housing prices and water. Assemblyman Kevin Cahill said it may cost as much as $9 million to educate the influx of children.
Craft promised to keep residents apprised of developments.
"I assure you the Town Board has made absolutely no decision," he said. "No decision." (TH-Record 4/25/03)

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Letters to the Editor:

I know that many have expressed their opinions regarding the proposed casino in Wawarsing, but after much thought, here are a few thoughts:

The character of this area will change.
       How many people will choose to attend a penny social or tag sale or auction rather than go to the casino on a Saturday night? How many will attend local church dinners and breakfasts to be loyal, and gradually give way to attending the casino  restaurants...especially, how many tourists will remain "loyal"?
       How many people who come now to escape the lights & noise and hustle &
bustle of a city will still come here, when the lights & hustle and bustle are also here?
       The "smallish" increase in traffic on 209 north of Ellenville ...will it make it easier to get onto 209 from the Kerhonkson post office? from the schools in Ellenville? from Shrade? The reported traffic estimate did not take into account the 3 - 4 pm traffic, just the "commuter rush hour" traffic.
       What will happen to the quiet along Rts 44 & 55 east of 209 when the buses and cars increase...and the birds' nests? and the rock climbers? and hikers? who will be here when the air pollution from increased traffic arrives? And how will be buses get around the hairpin curve safely...or the other curves on that route?
       How many of you will move away to quieter, more private, areas with cleaner air when the buses and cars and noise increase?
       How many will continue to eat at local restaurants on weekends and Sundays instead of the new eating places at the casino? Who will leave the casinos to eat elsewhere? How many  people who stay at the new casino hotel will leave to eat at a local place?  How many who come will choose to stay at a local cabin or resort?
       How can Wawarsing afford the many new police officers that will be needed? Do you realize that crime will not just increase at the casino, but in the driveways of local residents who attend the casino, maybe winning a little money...and in local diner parking lots and bank parking lots..and think of the DWIs on the local streets.
       There is no reason to think that what happened to local towns in Connecticut would not happen here.  
       Think about it.

C. Hillman
Kerhonkson

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Casino Designs Announced
REPRESENTATIVES for the Modoc Tribe of Oklahoma have unveiled conceptual plans for the Catskills Casino Resort, a 950,000-square foot gaming hall and hotel the tribe hopes to build in the town of Wawarsing.
This is the first look at the resort, which, if the tribe's applications to the federal and state governments are approved, would be built on the Kelly Farm property on U.S. Route 209, where Horse Shows in the Sun currently operates. (HITS plans to move to Saugerties next year.)
The Modocs' plan calls for developing approximately 150 acres of the 225-acre site, which the tribe optioned late last year.
Planners say the casino, if approved, should be operational by 2005 - and it will be a financial boon to Ulster County: The county Legislature recently renewed a three-year contract with the Modocs that will put $15 million per year in county coffers if the casino comes to fruition.
The Catskills Casino Resort would include a roughly 155,000-square-foot casino, 40,000 square feet of meeting and convention space, 600 hotel rooms, a 2,000-seat theater and parking for 3,000 cars and 100 buses, trucks and recreational vehicles. Food-service establishments also would be part of the development, though no information about the number and size of such establishments has been provided.
The casino's general gaming area would have 3,025 gaming positions, a 60-seat Keno room, a 200-seat race book room, a bingo hall and support functions.
By comparison, the Foxwoods Casino in Connecticut has 11,230 gaming positions, and the Mohegan
Sun Casino, also in Connecticut, has 10,000.
A study conducted by Albany-based Creighton Manning Engineering, in conjunction with the state Department of Transportation, said that while traffic will increase on U.S. Route 209 if the casino is built there, the capacity of the road is sufficient to handle the extra vehicles.
Peak traffic, which would occur on Friday evenings and Sunday afternoons if the casino is built, would be approximately 1,300 vehicles per hour, according to the study. This is divided into patron trips, estimated at 1,036 per hour, and employee trips, estimated at 258 per hour.
Currently, traffic on Route 209 adjacent to the proposed site is estimated at about 550 trips during the afternoon commuter hour and about 540 during peak traffic hours on Sundays.
Most of the traffic coming to the Catskills Casino Resort - about 81 percent, according to the study - would reach the casino via U.S. Route 17. About 12 percent would travel north to the site along Route 209, and the remaining 7 percent would travel south along Route 209 to the casino.
Employee traffic is expected to have a greater geographic dispersion, according to the report. About 25 percent of employees would travel from communities north of Wawarsing along Route 209 to the site, and 5 percent would travel from the south on Route 209. The remaining employees are expected to get to work via state Route 52 (30 percent), county Route 172 in Sullivan County (20 percent) and Route 17 (20 percent).
Common sense dictates that the closer one gets to the casino site, the greater the traffic volume will become. Communities along the Route 209 corridor north of the site - such as Rochester, Marbletown, Hurley and Kingston - will experience an increase in traffic volume of between 7 and 13 percent, based on proximity to the site, according to the Creighton Manning study.
The study did not measure impact on traffic that would reach the casino by taking the Thruway to New Paltz, then U.S. Route 44/state Route 55 to Wawarsing.
Capacity and operations on U.S. Route 209 should be sufficient for the increases expected if a casino is built, according to the study. However, some minor improvements are being recommended along the Route 209 corridor. These include reducing the speed limit between the casino and the village of Ellenville, a distance of about a mile, from 55 mph to 45 mph; setting up permanent traffic recorders on Route 209 and at the casino entrance, for transportation planning purposes; and extending local transit to the site through such means as a park-and-ride lot for casino employees and patrons.
The study also recommends Exit 113 of Route 17 - which provides access to Route 209 in the Sullivan County town of Wurtsboro - be improved. Plans by the state Department of Transportation for that that already are under way.
The traffic impact study is one of 10 studies - ranging from archaeological to aerial photographs - that must be included with the application the Modocs will file with the U.S. Bureau of Indian Affairs in the coming weeks. If the federal agency OKs the casino, final approval rests with the state, which has enacted legislation that allows Indian-run casinos in the Catskills, the Saratoga area and the Buffalo-Niagara Falls region.
The Modoc Tribe has roughly 160 members and is based in Miami, Okla. Its ancestral home is in northern California and southern Oregon. The tribe currently operates bingo and off-track betting in Oklahoma.  Freeman 4/20/03

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Justice orders districts to have lone legislator

By Paul Brooks
Times Herald-Record
pbrooks@th-record.com

Kingston - If voters see single-member districts for the 33 county legislators this November, it may be the only time.
Wednesday, state Supreme Court Justice Vincent Bradley ordered the county to use a single-member district plan for the November election.
It was the latest step in a legal dance over reapportionment that goes back to May 2001.
Bradley said the county has to switch from multimember districts to single-member districts because the county's multimember district plans are unconstitutional.
They violate the "one-man, one-vote" rule at the root of reapportionment, Bradley has ruled previously.
The judge had three single-member district plans before him last week.
One was from county Democratic Party Chairman John Parete, one from county Republican Party Chairman Pete Savago and one approved April 10 by the county Legislature.
Bradley considered Savago's plan and the plan of the county Legislature, which is controlled by the 24 Republicans there, as essentially the same.
Bradley, in his ruling Wednesday, said Parete's plan would have eliminated seven Republican incumbents and left 10 districts with no incumbents. Too many.
So he ordered the county to use its single-member district plan, which a consultant crafted to protect as many incumbents as possible. It results in only two incumbent races.
County Attorney Frank Murray said he will appeal Bradley's ruling on the basis that reapportionment is a duty of the Legislature, not judges, and that the voters prefer multimember districts.
If the county wins the appeal, voters will see a multimember district plan in November.
If the county loses, voters will face single-member districts then.
But since Bradley's order is only for this year, the county can draw new and more defensible multimember districts for the 2004 elections. "That is exactly what will happen," Murray said. (TH-Record 4/18/03)

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Sanctuary takes in refugees from petting zoo

By Deborah Medenbach
Times Herald-Record
dmedenbach@th-record.com

Saugerties - After more than a year in the care of humane societies in the Rochester and Finger Lakes areas, 40 farm animals will start to arrive tomorrow at their new home at the Catskill Animal Sanctuary on Old Stage Road.
The animals were among 321 confiscated in December 2001 from the Gilfus Farm's petting zoo in Port Byron near Rochester. The yearlong cruelty case ended in November with convictions for four members of the Gilfus family. Rescue photographs show injured animals in crowded paddocks standing in barnyard mire.
The end of the case launched Lollypop Farm Humane Society in Rochester into a national placement campaign for the horses, sheep, goats, llamas, emus, deer and house pets. The judge in the case called the shelter the "silent victim" for the financial burden of $400,000 spent in the veterinary and maintenance care for the animals over the last year.
After spring births, the total number of animals now needing placement is 420. A number of horses will go to a ranch in Texas and the entire llama herd has been placed in North Carolina.
"There were no farm animal sanctuaries in the Rochester area," said Kathy Stevens, director of Catskill Animal Sanctuary. The sanctuary will take 10 horses and a large number of goats and sheep. The first truckload of animals will arrive tomorrow.
Among the animals are two horses that had been slated for euthanasia after the initial rescue by Lollypop Farm Humane Society because of their violent dispositions. Stevens regards those horses as "wild," but has agreed to give them a second chance at the sanctuary.
"They deserve a chance, and that's something they haven't gotten yet," Stevens said. She said the sanctuary has had good success with rehabilitating horses with disabilities in the past and is up to the challenge.
To help with the funding required to support a total of nearly 100 animals, WDST and radio legend "Cousin Brucie" Morrow will hold a radiothon April 27, broadcast from the Hudson Valley Mall. The event will feature live performances from area musicians, including John Sebastian and The HooDoo Man.
Kingston Mayor James Sottile has declared April 27 "Catskill Animal Sanctuary Day" in the city. (TH-Record 4-18-03)

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Rondout budget assumes current aid
KYSERIKE - The Rondout Valley school board voted unanimously Tuesday to adopt a $45.5 million budget that maintains current education programs in 2003-04 school year.

The adopted budget increases spending by 7.45 percent from the current year's spending plan, Superintendent Marilyn Pirkle said. If the district receives the same amount of state aid it did this year, there would be an approximate 10 percent increase in the tax levy, she said.
"With the governor's proposal, the tax levy would be higher, but we do have confidence that the state Legislature will reinstate some aid," she said.
Pirkle did not release information on what the tax levy increase would be under the governor's aid proposal or what it would be under an austerity budget.
The $45.5 million budget proposal maintains all current educational, extra-curricular and co-curricular programs in the district, and enhances some programs, said Assistant Superintendent for Finance Dennis Geisler.
Under the adopted budget some programs that have been eliminated over the past three years would be reinstated, such as the fourth grade instrumental music program, said Geisler.
To save money, the district will be bringing some of the students enrolled in special education programs at Ulster BOCES back to the district to be taught. That means there would be six new instructional full-time positions for special education, one new part-time instructional position and eight new full-time support positions, said Geisler.
Even with the addition of the new positions for teaching special education in-district, the district will be saving about $76,000, said Geisler.
Pirkle said there is enough classroom space to support the special education students at the middle school and high school levels, and determining which students will be taught in-district will be on a one-by-one basis and only as appropriate, said Pirkle. Some special education students will still attend Ulster BOCES, she said.
Trustee Maureen Sheehan said that continuing the district's pre-kindergarten program depends solely on the state Legislature's budget decisions. The program is fully funded by state and federal aid and has never been a part of the district's operating budget.
The state must pass a budget by Aug. 1 for the Pre-K program to be reinstated because the program must operate for at least 180 days in the year, said district officials.
With large increases in fixed costs such as health insurance, retirement and worker's compensation, Sheehan said that the budget committee started with figures that added up to a 10 percent spending increase. The committee decided that a 10 percent increase would be too much to ask from taxpayers, and administrators were directed to pare down the figure.
Sheehan said the $45.5 million budget includes most of what the community asked for in public input sessions over the past few months.
"In putting together this budget we were listening to the community members that came out," said Sheehan. "It's not our responsibility to get people to vote yes; it's our responsibility to listen to the public."
The public hearing on the budget is currently set for 7 p.m. May 6 and the budget vote is set for May 20.
The state Senate and Assembly recently passed a resolution to postpone school districts' budget votes until June 3, which Gov. George Pataki has said he would veto. If not, both the public hearing and the vote could be postponed, said Pirkle.

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Letters to the Editor and Legal Notices


Dear Editor
The NYSDEC Issues Conference held 25 March 2003 demonstrated clearly what a huge positive impact could have been made by town of Rochester officials (Town Board and/or Planning Board members) with such little effort; something as simple as a letter of concern written on behalf of nearly 200 homeowners in close vicinity to the proposed METRO mine.
Time and time again during the day long proceeding the NYSDEC attorney reiterated that the town had offered no comment in regards to the devastating impacts on the community proposed by METRO's reopening of a mine that had laid dormant for over five years, thus allowing the NYSDEC to steamroll through the process.
Imagine, not a single comment of concern for impacted residents during the 1992 permitting process, not its renewal, not the subsequent passage of law allowing the violently noisy and dusty processing of mined material in residential zones, none for the several modifications to original permit that removed every original condition for Special Use Permit passage, none for this most recent expansion of use, not a peep regarding the increased traffic, dust, diesel fumes, safety of children at bus stops, not an iota of concern for the half dozen asthmatic children living in close proximity to the mine site, not a single worry about the sole source aquifer in the center of the mine site that provides water for 35 residences, not a caution against noise levels being "intolerable" as characterized by the Environmental Protection Agency and included in the NYSDEC's own Guidance for Assessing and Mitigating Noise Impacts.
For, the thinking of town officials on the issue of locating mines in residential zones (despite years of complaints registered by scores of residents) has been that such land use poses no problems, that the NYSDEC will protect the residents from any negative impacts.
Well, Town Board and Planning Board members...You should've seen the NYSDEC in action during this Issues Conference. For, time and time again, in response to every single concern raised by the Rochester Residents Association attorney on behalf of the people in a half mile radius of this mine site, the NYSDEC attorney objected on the grounds that the issues of health, safety and welfare, property devaluation, loss of quality of life, etc. were "irrelevant" and/or "off point."
Further, as quoted in the Freeman article, "Residents suspicious of mine hearing," (6 April 2003) Region 3 Mined Land Reclamation Program specialist, Robert Martin, states that all of the above issues should have been raised, "...when the mine's size was expanded from 5 acres to nearly 20 acres in the mid-1990s." Later he states that the DEC, "can only do (a State Environmental Quality Review) of this permit once."
This is precisely why the residents of Rochester township are so very suspicious of the NYSDEC. For, first of all, as Regional Director Marc Moran wrote (letter of 6 January 1998), "Please note that for permit renewals not involving a material change in the activity authorized, the State's environmental regulations (6NYCRR Part 621) do not require the publication of a Public Notice in the newspapers nor do they require the notification of the bounding neighbors." He should have added that modifications of permits likewise do not require any notification of surrounding neighbors. Secondly, the exact point the Rochester Residents Association was making is that the NYSDEC didn't do a full SEQRA; it issued a negative declaration saying there would be NO impact even as all the points of contention mentioned above were and continue to be dire issues in need of consideration.
I strongly urge the good people of the Town of Rochester to remember come November when it's time to cast your votes how local officials did absolutely nothing (and, in fact, just last week bowed to intimidation by two dozen dump truck drivers and refused to honor a moratorium on any new mines opening or old mines expanding until our zoning code could be amended to protect residential properties against incompatible adjacent land uses).
The people of Rochester should understand that today such a nightmare might not be in your back yard. But, as sure as the sun rises and stars shine, there will be one locating near you in very short order.

Steve Fornal
Accord

NOTICE OF ANNUAL BUDGET VOTE AND BOARD ELECTION RONDOUT VALLEY CENTRAL SCHOOL DISTRICT NOTICE IS HEREBY GIVEN that the Annual Budget Vote and Board Election of the Rondout Valley Central School District will be held in the Gymnasium at the Rondout Valley High School, on Kyserike Road, Accord, New York, on Tuesday, May 20, 2003, between the hours of 10:00 a.m. and 9:00 p.m. prevailing time. NOTICE IF FURTHER GIVEN that a copy of the statement of the amount of money which will be required for School District purposes during the 2003-2004 school year (the Budget), exclusive of public monies, may be obtained by any resident of the District during business hours, between the hours of 9:00 a.m. and 3:00 p.m. at each of the Districts schoolhouses and at the District Offices, effective May 6, 2003, except Saturday, Sunday or holidays at the following locations: Kerhonkson Elementary School Marbletown Elementary School Rosendale Elementary School High School Middle School District Office NOTICE IS FURTHER GIVEN that a Public Hearing on the Budget will be held on May 6, 2003, at 7:00 p.m. (prevailing time) at the High School Auditorium on Kyserike Road, Accord, New York, for the purpose of presenting the budget document for the school year, July 1, 2003 - June 30, 2004. NOTICE IS FURTHER GIVEN that petitions nominating candidates for the Office of member of the Board of Education must be filed with the Clerk of the District not later than 5:00 p.m. on Monday, April 21, 2003. The term of office is for three (3) years. The following vacancies are to be filled: Term of Gail Hutchins, expiring June 30, 2003 Term of Michael Redmond, expiring June 30, 2003 Term of Rebecca Reeder, expiring June 30, 2003 Each petition shall be directed to the Clerk of the School District, shall be signed by at least 54 qualified voters of the district, shall state the residence of each signer, and shall state the name and residence of the candidate. PLEASE TAKE FURTHER NOTICE that, pursuant to the Education law, any qualified voter of the District may vote without prior registration. NOTICE IS FURTHER GIVEN that the School District shall require all persons offering to vote at the Special School District Meeting to provide one form of proof of residency with physical address, including but not limited to: Drivers License with physical address Non-Driver Identification Card Voter Registration Card Board of Elections Notice of Voting Location Check Book with physical address State Tax Form Heading with School ID #543 Automobile Insurance Policy with physical address NOTICE IS FURTHER GIVEN that pursuant to Section 2018-b of the Education Law, applications for absentee ballots for the Special School District Meeting may be obtained at the Office of the District Clerk at least seven (7) days prior to the vote if the ballot is to be mailed to the voter or the day before the vote if the ballot will be picked up personally by the voter. Written requests for absentee ballots must be made at least seven (7) days and not more than thirty (30) days prior to the vote. Absentee ballots must be received at the Office of the District Clerk by no later than 5:00 p.m., prevailing time, on the day of the vote, May 20, 2003. A list of all persons to whom absentee ballots shall have been issued will be available for inspection to qualified voters of the District at the Office of the District Clerk during regular office hours, 9:00 a.m. to 3:00 p.m., prevailing time, until the day of the Election and Vote. Any qualified voter may file written challenge of the qualifications of a voter whose name appears on such list, stating the reasons for the challenge. AND NOTICE IS FURTHER GIVEN that any proposition or question not requiring official notice in the call of the annual vote and election may be voted upon at said vote and election, providing a petition signed by at least one hundred (100) qualified voters, together with the legal residence of each, is filed with the Clerk of the District no later than thirty (30) days before the vote. Dated: March 25, 2003. BY ORDER OF THE BOARD OF EDUCATION RONDOUT VALLEY CENTRAL SCHOOL DISTRICT By: Lorraine P. Sciarrino, District Cerk (4/18/03)

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Earth Day Clean Up is April 26th. (4/7/03)
Join local groups in  helping to clean up roadside trash in the town of Rochester.  Various groups have sponsored clean up on certain roads.  The Rochester Residents Association will clean up the lower part of Queens Highway.  Please call 626-3285 or email AccordTownCrier@aol.com if you're able to participate.  Let's get clean up that old lazy-boy recliner, those old tires and the numerous bottles and McDonalds bags.  The Cleanup Day is sponsored by the Town of Rochester Youth Commission and will be topped off with a pot luck supper at the Community Center.

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Indian Valley Little League Anniversary (4/7/03)
Indian Valley Little League is celebrating 50 years of service to the community this year. We would like to honor the former league members at our opening ceremonies on Saturday May 3rd (rain date-Sunday May4th). We are looking for past players, coaches, umpires, and board members to participate in the on field ceremonies that day. If you are a former league member, or know someone who is, please contact us for more information and to let us know if you can attend.
Mike Smith - (845)626-5610
Joann Redmond - (845)626-3914
Ron Naccarato - (845)626-3287

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Rochester Town Board Rejects Noise Ordinance (4/7/03)
Wednesday, April 2, 2003
ACCORD - The Rochester Town Board this week opted not to vote on forming a committee to consider a local noise ordinance. Instead, after a lengthy discussion, the board asked town Attorney Mary Lou Christiana to determine what could be done to regulate public address systems.
Nearly 50 residents packed the Town Hall on Thursday to discuss noise problems, primarily those involving a public-address system at Camp RovTov on Cherrytown Road. There also was concern about noise created by equipment used at local sand and gravel banks.
Town Environmental Commission Chairman Max Finestone opened the meeting by saying a draft noise ordinance was submitted to the Town Board for consideration nearly two months ago and he hoped the board would create a committee to look into the issue.
"Eleven towns in Ulster County, as well as the villages of New Paltz and Saugerties and the city of Kingston, have instituted noise ordinances," Finestone said. "We are one of the few towns without one."
Hickory Hill resident Ken Walters said his was one of nine families along Cherrytown Road in favor of creating such an ordinance. He said Camp RovTov's nearly 30 loudspeakers, used throughout the summer, affect neighbors' quality of life.
Francis Gray said he lives about a mile from the camp and can't go outdoors at certain times during the summer because the noise from the camp is so overwhelming.
On their own and with the help of town officials, Walters said, neighbors repeatedly have tried to resolve the problem with camp representatives, but to no avail.
"I don't think there will be any changes made unless they face consequences for their actions," Walters said.
Former town Councilman Bill Carroll said he was aware of the problems along Cherrytown Road, but he cautioned that enacting a townwide ordinance would affect everyone.
"The rural character of the town could be severely impugned if the town enacts a noise ordinance," Carroll said.
Boodle Hole Road resident Steve Fornal said he, too, worries about eradicating personal rights, but he noted that the noise problems connected to the sand and gravel operations have worsened in recent years and need to be controlled.
Brian Bell, of the Bell Mine, responded that he opposes a noise ordinance. And he said he and his crew have built several bermes as a buffer to keep equipment noise from reaching Fornal's property.
John Sisti, a town justice in nearby Plattekill [and attorney for the owner of Streamside Estates trailer park, Michael Baum], said a noise ordinance might not solve the problem.
As Plattekill's town attorney, Sisti helped draft a noise ordinance more than seven years ago, he said, and he since has found there are inherent flaws in such legislation because of problems with enforcement  (Freeman 4-5-03)

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Rochester Committee to Look at Town Workers' Pay (4/7/03)
by Dawn Letus
Accord - The Rochester Town Board has agreed to form a committee charged with recommending a consultant to conduct a town employee compensation study. 
The Town Board tookt he action after town employees submitted a letter saying they resented the starting salary offered to a recently-hired secretary.
Councilmen Randy Hornbeck and Thomas Ryan will serve on the committee, along with several town employees and residents.
Supervisor Harold Lipton read the letter aloud at Thursday's Town Board meeting.  It was signed by all 12 members of the town staff, including the town assessor, deputy clerks and Youth Commission director.
Employees said they became concerned after the Town Board hired someone to fill a town Planning Board secretary position at a starting salary of $10.00 per hour.
The letter said there are three employees who have worked for more than 17 years and earn less than $12.00 per hour.  Another person, with a degree in business and 12 years of office experience, who has worked for the town for 2 ½ years is earning less than $9 per hour, employees wrote.
"This issue is insulting and humiliating for many dedicated, long-term employees who have represented the town in a positive and professional manner and deserve to be respected and appreciated," the letter stated.
"Hiring inexperienced workers at more than the town pays current experienced workers is unconscionable," said Town Clerk Veronica Summer.
Town Assessor Sharon Hornbeck, who is in favor of hiring an outside consultant to evaluate employee compensation packages, said a recent evaluation of Marbletown's employees led to shifts in pay and compensation packages.  In Marbletown's case, those changes served to increase employee morale and knowledge of each other's responsibilieis, she said.
[Rochester] Councilman Brian Drabkin said he supported setting up a committee as long as the Town Board had final approval once a consultant was chosen. (Freeman 4/6/03)

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Judge orders new Ulster district plan (4/7/03)
Single-legislator map due Monday
By Gabriel J. Wasserman
Poughkeepsie Journal

KINGSTON -- The Ulster County Legislature must adopt a more direct system of representation than the Republican majority has allowed, a state judge ordered Tuesday.
Supreme Court Judge Vincent G. Bradley's ruling amounts to political gold for the county's Democratic party, which has been calling for electoral overhaul for years. The minority party wants 33 districts, each represented by a single legislator.
Lawmakers have until 10 a.m. Monday to offer a map that approximates that, Bradley ruled during a hearing in his Kingston chambers.
''If they don't want to,'' he said, ''I will hire someone at the county's expense to draw up such a plan.''
Ulster uses teams of legislators to represent seven districts, a number slated to become nine this year. Democrats call it gerrymandering. Republicans have voted repeatedly to affirm the system.
Federal court appeal
GOP Committee leader Pete Savago has been seeking federal court endorsement for the nine-district plan. He could not be reached for comment Tuesday evening.
''I will be happy when the day comes when we reach a conclusion on this issue, if the day ever comes,'' said Barbara Santoro, R-New Paltz, the Legislature's redistricting committee chairwoman.
But producing a new system by Monday seems impossible, she added.
''Harry Houdini's dead, isn't he?'' she said.
John Parete, the county's Democratic Party leader, said he'd be happy to hash out a new map with Republicans before Monday.
''I'll sit down with anybody,'' he said. ''This is the right thing to do. It's about time.''
The 33 districts would give a legislator to all but the tiniest of Ulster's 20 towns, Parete said. There would be one legislator for every 5,386 people.
Earlier this month, the Legislature's clerk certified petitions to put the politically charged issue on the November ballot. Voters are scheduled to say yes or no to the nine-district plan, which was approved by a 17-15 vote of legislators in December.
Yet if a new plan is adopted pursuant to Bradley's ruling, the referendum would presumably lose meaning. It was unclear at press time if Republicans plan to appeal to a higher court.
The nine-district plan would assign one legislator to represent the Town of Woodstock; five to the towns of Wawarsing, Rochester, Denning and Marbletown; and six to the towns of New Paltz, Lloyd and Marlborough.
WHAT'S NEXT
REDISTRICTING
Ulster County Republicans will hold a caucus meeting tonight in Kingston, conferring with County Attorney Francis T. Murray. The Legislature has until 10 a.m. Monday to produce a new electoral map.
(Poughkeepsie Journal 4/2/2003)



Judge orders new districts

By Paul Brooks
Times Herald-Record
pbrooks@th-record.com

Kingston - State Supreme Court Justice Vincent Bradley dealt a stunning blow to Ulster County Republicans yesterday.
Bradley gave the county until Monday to submit a single-member legislative district plan, or something as close as possible to that, for electing county legislators. Bradley, who has previously ruled the large multi-member districts unconstitutional, ordered the new approach yesterday.
The shift, if it comes to that, represents the end of an approach the county has used for decades. That approach has been to elect the Legislature's 33 members from large multi-member districts. The current District Six, for instance, has five legislators elected to represent the towns of Gardiner, Plattekill and Shawangunk.
Under the leadership of County Chairman Peter Savago, the Republicans have used the courts to control the legislative map for at least the past two decades. Savago could not be reached for comment.
The order has the county scrambling. "I don't know that there is anybody in county government that is capable of doing a complete job in the period allotted," said County Attorney Frank Murray. "I think I better look around and find someone that can do it."
John Parete, Ulster County Democratic Party chairman, said he has a plan that is all ready to go. "They ought to sit down and talk with me," Parete said.
The Democratic Party's lawyer, Josh Koplovitz, said he plans to submit a single-member district plan to the court.
Richard Gerentine, Republican majority leader of the Legislature, said the county is in uncharted territory. "Even if the judge accepts it, anybody can bring a lawsuit against it. There is a lot that could happen. I have no idea what the end is going to look like." (TH-Record 4-2-02)

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Casino Gambling Forum in Marbletown (4/7/03)
STONE RIDGE - Residents attending a public forum Sunday on a proposed gambling casino in the town of Wawarsing said Ulster County handled the extension of the contract with the Modoc
Tribe of Oklahoma poorly and should have listened to their concerns.
During the event at Ulster County Community College, numerous people objected to what they said was secrecy on the part of Ulster County legislators in dealing with the Modocs, who plan to build a casino. Residents and some of the lawmakers on a panel said they were also disturbed about the lack of definitive information available to the public and especially to those making decisions about how casino gambling will be managed if it becomes a reality.
"The truth is, we haven't a clue," said Ellenville Village Manager Elliott Auerbach of the impact of casino gambling. He said he's excited about the number of jobs it would bring, but added those jobs, estimated by the Modoc's study as paying between $27,000 to $32,000 annually, are low-end positions. Auerbach also said he's not excited about "the ill-prepared way we are moving forward."
A three-year extension of the contract between the county and the tribe was renewed earlier this month by the Legislature.
County Legislator Richard Parete said he tried on several occasions to organize a committee to study the issues, but it was not approved by the Legislature.
"You have the illusion of $15 million," said Parete, referring to the annual amount of money the county will get if the tribe is successful with its casino plans. Parete, D-Boiceville, questioned how far that money will go in mitigating the variety of additional expenses a casino will bring.
Wawarsing town Supervisor Richard Craft is organizing what he called a blue ribbon committee" of local officials, businessmen and representatives from the school district, Ellenville Regional Hospital, fire and police departments and other entities that would be affected by a casino.
Added Marbletown Supervisor Tom Jackson, "County legislators weren't provided with - or didn't call for - the opportunity to hear from the public. Public participation - what you're doing here today - is the essence of democracy."
There were other questions and comments for the eight legislators and public officials on a panel at the event, which was organized by the Marbletown Community Development Committee. Among them: How certain is a casino if the Modocs aren't a tribe recognized in New York state?
State Sen. John Bonacic said there are seven tribes considered to have legitimate land claims in the state, and the Modocs are not one of them. "I think they're a non-starter and continue to be," said Bonacic, R-Mount Hope.
Assemblyman Kevin Cahill added that the Modoc's chances of being approved by Gov. George Pataki are slim. "There's no reason to believe the governor is going to do a 180 degree (turn) and sign this compact," said Cahill, D-Kingston. "The conventional wisdom is, this ain't gonna happen."
He also said the concern is "what if we go down the road with the Modocs, and then the state partners with a native tribe?"
Other residents were concerned about a possible increase in crime and the effect on the community. Family Court Judge Mary MacMaster Work commented on social issues. "I see enough children suffering from their parents' addictions," she said. "I don't know how many low-income people this will bring into town, but you'll be responsible for them. Ellenville is already under-served."
Melissa Everett, who is finishing a doctorate in sustainable development, said she would like to see more proactive studies showing how to minimize harm and create more local benefits and less reactive responses.
Bonacic got an enthusiastic response from the audience when he said, "I know people in Sullivan County want casino gambling. I'm not so sure the people in Ulster County want casino gambling."
Serving on the panel were county Legislator Gerald DePew, R-Kerhonkson; Dan Ahouse, representing U.S. Rep. Maurice Hinchey, D-Hurley; Marbletown Supervisor Tom Jackson, Bonacic, Cahill, Parete, Craft and Auerbach. (Freeman 4/1/03)

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Dump truck hits car, injures officer (4/7/03)
By Jessica Gardner
Times Herald-Record
jgardner@th-record.com
Middletown - A state police investigator was injured yesterday after a dump truck hauling thousands of pounds of stone tail-ended his unmarked police car on Route 17.
Investigator Jeffrey Yerkes, 43, had just slowed down with traffic near Exit 120 at 8:45 a.m. when a 14-wheel dump truck plowed into the back end of his car, state police Lt. Henry Vance said. After impact, the truck, owned by E. Tetz & Sons in Middletown, tipped over, spilling 70,000 pounds of stone across both lanes of Route 17 east.
Both vehicles slid into the guard rail, where they came to a stop.
Yerkes was on duty at the time. He suffered neck and back sprains and was taken by helicopter to Westchester Medical Center, where he was admitted. He was expected to be released sometime today.
The driver of the dump truck, 31-year-old Lloyd Cooke of Accord was taken by ambulance to Orange Regional Medical Center, Horton campus, for treatment of minor injuries. He was later released. Cooke was ticketed after the accident for following too closely.
Both eastbound lanes of Route 17 were closed for several hours while accident reconstruction was conducted and the rock cleared away, Vance said.
"We were very, very lucky here," Vance said. "It could have been a lot worse."
(TH-Record 4/1/03)


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Letters to the Editor/Legal Notices (4/7/03)

Dear Editor:

At this point I feel that the Town of Rochester residents should call for the resignation of the entire town board!!  As a democratic society, we have the constitutional right to demand a change in leadership.  As a strong committee, the Rochester Residents Association should demand the resignation of the elected officials that are running our town and start new.  I am going to attend the next board meeting and be sure to express my opinion.

Angry Resident.


From the Environmental Notice Bulletin
Permittee Name and Address: Facility Name: Accord Speedway Twin Track Promotions Facility Type: Sanitary Services PO Box 430 (C)ity, (T)own, (V)illage: Rochester (T) Accord NY 12404 DEC Number: 3-5144-00106/00001 Receiving Waters: GW-Peter's Kill Stream SPDES Number: NY0250791 Water Classification: GA Ranking Score: N/A Type of Waste/Flow Rate: Sanitary/ 0.0015 MGD
Deadline for Comments: Friday, May 2, 2003  (Environmental Notice Bulletin 4/2/2003)



NOTICE OF ANNUAL BUDGET VOTE AND BOARD ELECTION RONDOUT VALLEY CENTRAL SCHOOL DISTRICT NOTICE IS HEREBY GIVEN that the Annual Budget Vote and Board Election of the Rondout Valley Central School District will be held in the Gymnasium at the Rondout Valley High School, on Kyserike Road, Accord, New York, on Tuesday, May 20, 2003, between the hours of 10:00 a.m. and 9:00 p.m. prevailing time. NOTICE IF FURTHER GIVEN that a copy of the statement of the amount of money which will be required for School District purposes during the 2003-2004 school year (the Budget), exclusive of public monies, may be obtained by any resident of the District during business hours, between the hours of 9:00 a.m. and 3:00 p.m. at each of the Districts schoolhouses and at the District Offices, effective May 6, 2003, except Saturday, Sunday or holidays at the following locations: Kerhonkson Elementary School Marbletown Elementary School Rosendale Elementary School High School Middle School District Office NOTICE IS FURTHER GIVEN that a Public Hearing on the Budget will be held on May 6, 2003, at 7:00 p.m. (prevailing time) at the High School Auditorium on Kyserike Road, Accord, New York, for the purpose of presenting the budget document for the school year, July 1, 2003 - June 30, 2004. NOTICE IS FURTHER GIVEN that petitions nominating candidates for the Office of member of the Board of Education must be filed with the Clerk of the District not later than 5:00 p.m. on Monday, April 21, 2003. The term of office is for three (3) years. The following vacancies are to be filled: Term of Gail Hutchins, expiring June 30, 2003 Term of Michael Redmond, expiring June 30, 2003 Term of Rebecca Reeder, expiring June 30, 2003 Each petition shall be directed to the Clerk of the School District, shall be signed by at least 54 qualified voters of the district, shall state the residence of each signer, and shall state the name and residence of the candidate. PLEASE TAKE FURTHER NOTICE that, pursuant to the Education law, any qualified voter of the District may vote without prior registration. NOTICE IS FURTHER GIVEN that the School District shall require all persons offering to vote at the Special School District Meeting to provide one form of proof of residency with physical address, including but not limited to: Drivers License with physical address Non-Driver Identification Card Voter Registration Card Board of Elections Notice of Voting Location Check Book with physical address State Tax Form Heading with School ID #543 Automobile Insurance Policy with physical address NOTICE IS FURTHER GIVEN that pursuant to Section 2018-b of the Education Law, applications for absentee ballots for the Special School District Meeting may be obtained at the Office of the District Clerk at least seven (7) days prior to the vote if the ballot is to be mailed to the voter or the day before the vote if the ballot will be picked up personally by the voter. Written requests for absentee ballots must be made at least seven (7) days and not more than thirty (30) days prior to the vote. Absentee ballots must be received at the Office of the District Clerk by no later than 5:00 p.m., prevailing time, on the day of the vote, May 20, 2003. A list of all persons to whom absentee ballots shall have been issued will be available for inspection to qualified voters of the District at the Office of the District Clerk during regular office hours, 9:00 a.m. to 3:00 p.m., prevailing time, until the day of the Election and Vote. Any qualified voter may file written challenge of the qualifications of a voter whose name appears on such list, stating the reasons for the challenge. AND NOTICE IS FURTHER GIVEN that any proposition or question not requiring official notice in the call of the annual vote and election may be voted upon at said vote and election, providing a petition signed by at least one hundred (100) qualified voters, together with the legal residence of each, is filed with the Clerk of the District no later than thirty (30) days before the vote. Dated: March 25, 2003. BY ORDER OF THE BOARD OF EDUCATION RONDOUT VALLEY CENTRAL SCHOOL DISTRICT By: Lorraine P. Sciarrino, District Cerk (Freeman 4/4/03)

If you know of anyone who might be interested in receiving information on the Town of Rochester by e-mail, please write to: TownCrier@Accord-Kerhonkson.com.  We also invite you to visit our website, www.accord-kerhonkson.com.

 

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Town Board Rejects Mining Moratorium  (3/31/03)

Accord – Two dozen giant dump tricks in the parking lot were enough yesterday to convince the Rochester Town Board to swear off any moratorium on mining.

"Is there going to be one?" came the question from the pack of dump truck drivers in the back of the Town Hall.

"I am putting it as a dead issue," said Supervisor Harold Lipton in response. How Dead is it? they wanted to know from the three other Town Board members. Dead, they said. But miners are wary of the local residents who have been pushing the board to consider a moratorium. "They’ll be back," said Keith Kortright of Mombaccus Excavating. His family has been mining in the town for generations.

His is one of about nine active mines int eh town that pry gravel and sand out of the ground. Most of the firms deal with customers within 15 or so miles, Kortright said. "They have got to realize people ar just trying to make a living," Kortright said.

Resident Steve Fornal said people who favor the moratorium want the town to restructure the zoning. Right now, he said, mines can pop up or expand anywhere in town. Some residents want to see the mining limited.

"We want residential use of residential property," Fornal said.

The Town Board also put off action on a proposed moratorium on mobile homes. (TH Record 3/28/03)

The next Town Board meeting will be at 7:00 pm on Thursday, April 6.

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Low Income Housing Project Meeting   (3/31/03)

The Wawasing Zoning Board of Appeals will meet on Tuesday, April 8th at 7:00 pm at the Wawarsing Town Hall to discuss the low income housing project that is proposed for the Rochester/ Wawarsing town line on Green Street in Kerhonkson (near the new Main Post Office and Key Bank). All are welcome to attend.

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Town Meeting to be Held on Comprehensive Plan Revision  (3/31/03)

Members of the Rochester Town Board, Zoning Board of Appeals, and Planning Board will assemble at 7:00 pm for a rare meeting to discuss the need for a revision of the town’s Comprehensive Plan. The existing plan was adopted in 1969 and has not been revised since then. A revision committee was appointed by the Town Board in the late 1980s and presented revisions to the Town Board in a draft in 1990.

The draft noted that the "greatest challenge to face the Town of Rochester in the years ahead will likely be how to preserve the community’s rural character as the Town continues to grow..."

Among the Goals in the 1990 draft were:

Protect the town’s important natural resources

Preserve the Town’s scenic beauty

Conserve groundwater supplies

Develop standards to assure protection of surface waters

Protect wildlife habitat and vegetation

Encourage higher residential development in areas with adequate roads, utilities, schools and other facilities. Discourage concentrated residential development in more remove areas with difficult accessibility which would likely result in greater environmental impacts and would involve excessive costs for road improvements, road maintenance, and utility installation.

Regulate population densities to reflect the nature of the town’s landscape. Provide adequate area for future residential growth primarily in the Town’s hamlets, leaving the remainder of the town for less intensive, residential, agricultural, and open space uses to protect the community’s natural resources and scenic and historic features.

Preserve the independence and freedom of individual property owners wherever uses of the land will not interfere with the need to protect natural and cultural resources.

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Rondout voters approve $2.8M for renovations  (3/31/03)

Rondout School District residents voted 900 to 308 in favor of a $2.8 million bond issue Thursday.
The proposal includes $1.5 million for "safety and security" renovations at the high school.
The renovations include replacing more than 60 exterior doors and installation of seven pairs of magnetically controlled interior fire zone doors.
The plan also includes installation of a building security system featuring surveillance cameras, a central monitoring system and a security card reader system on selected doors.
The plan also reimburses the school's operating fund $1.2 million for funds spent solving the mold problem at Marbletown Elementary in 1999 and 2000
(TH-Record 3/29/03)

 

KYSERIKE - Rondout Valley school district voters on Thursday approved by a 3-to-1 margin the district's proposal to borrow $2.83 million for state-mandated building repairs and safety equipment.

The vote was 900 in favor to 308 against the bond proposal.

"It was resounding," school board President Nancy Taylor said of the voters' support of the bond. "We are very appreciative."

District Clerk Lorraine Sciarrino said the turnout Thursday was about a third of what would be expected for a bond vote. About 150 people voted by

absentee ballot.

According to schools Superintendent Marilyn Pirkle, the work that will be done is required under state law, and would have to be done whether or not

the bond issue was approved by voters.

However, because the voters approved the repairs being done as part of a capital project, the district will be reimbursed for two-thirds of the cost

of needed repairs, she said.

If the bond were not approved, she said, the repairs would have to be funded by the district's general operating budget, and local taxpayers would

have to bear the full cost of the project over the next 15 years.

Pirkle said the key to the voters' support of the project was the district's commitment to making sure the voters had all of the information they

needed to accurately determine their position on the vote.

"We wanted to be sure people understood," Pirkle said.

Taylor said the district and the board did their best to disseminate information to all corners of the district. Informational meetings were

well-attended, she said, and those who showed up took an active interest in the discourse about the project.

Roughly $1.3 million of the money authorized by voters Thursday will reimburse the district's general fund for repairs of water damage at the Marbletown Elementary School in 2000.

The remaining $1.5 million of the bond will cover maintenance and repair work and safety and security equipment at the high school. (Freeman 3/28/03)

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School Budget Hearings  (3/31/03)

 

KYSERIKE – Community forums on the Rondout Valley school district's 2003-04 budget are planned this week.

"We are trying to reach out to the public ... and get the word out, so the community has a chance to understand how the school district can go forward," said Trustee Maureen Sheehan.

At a recent Board of Education meeting, Sheehan said a definitive budget proposal is expected by the end of this week.

Trustee Paul Gruner said he wanted more specifics about what direction the budget will take. "The public has to know something," he said.

Community meetings, all at 7 p.m., are planned for Monday at Kerhonkson Elementary School; Tuesday at Rosendale Elementary School in Cottekill; Wednesday at Marbletown Elementary School in Stone Ridge; and Thursday at the district middle school in Kyserike.

Dennis Geisler, the district's assistant superintendent for finance, said the school board's budget subcommittee is trying to keep spending at the current level, but it depends on state aid.

"Do we go with the governor's proposal as presented, or read into it and put more money on top of (it)?" Geisler said.

Gruner voiced concerns about the state Legislature's inability to adopt a state budget on time and said the public needs to be made aware of the difficulty this presents to school districts.

Sheehan said the committee is looking at the budget conservatively and investigating the ramifications of potential budget cuts. Kindergarten program cuts – and even the closing of certain buildings - could result, she said; also under consideration is a four-day school week.

"We just haven't reviewed all of that," she said. "I just want to clear this up. The whole Board of Education makes the final (budget) decision on how to go forward to meet the educational goals of children." (Freeman 3/30/03)

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Casino Gambling  (3/31/03)

Risky Business: County taxpayers may pay dearly for casino gambling after secret meetings of county officials and tribal reps

by Jim Gordon

Top officials of the county government apparently met in secret with members of a gambling consortium to arrange a contract supporting their bid for a casino in Ulster County on terms that may prove very costly to local taxpayers and the environment.

The chairman of the Ulster county legislature, the county attorney and the majority leader of the county legislature have apparently repeatedly violated the open meetings law by holding closed meetings with the would-be developers of a large Indian gambling casino in Wawarsing and by failing to keep any written record of what happened at those meetings, including who participated.

The contract was originally approved by county legislators on April 11, 2002 and signed by county legislature chairman Ward Todd and county attorney Frank Murray on April 15, 2002. It was set to run for nine months, but legislators last week approved an extension for an additional three years by a 20-10 vote.

The contract calls for the tribe to pay the county $15 million per year for seven years, if the casino is ever built, in exchange for which the county must support the Modoc's application, and actively help it to get situated.

But the signed contract resulted from a series of apparently unannounced, unrecorded meetings that included Todd, Murray and county legislative majority leader Richard Gerentine with tribal representatives. How long the meetings have been occurring is unclear, but they began no later than the winter of 2002.

The April 11, 2002 vote to approve the contract initially was 25-8 in a body where Republicans hold a 24-9 majority. But legislators learned of the contract for the first time the night of the vote, and were not given a chance to examine it before voting.

NO MINUTES OF MEETINGS

At least some of the meetings that led to the contract were under auspices of a five-member special committee appointed by Todd, and chaired by Gerentine. The meetings were apparently attended by Murray. At least some of the meetings took place in Todd's office, but those involved say no records available on who attended or when they took place.

"First of all, I didn't know it had to be in the public eye," said Gerentine regarding the Special Committee to Study Casino Gambling.

Gerentine was responding to a Freedom of Information act request for minutes and other records of meetings that the special committee or any other county officials had in relation to the Modoc Tribe and its casino applications.

"We had various meetings, there were no official minutes taken at those meetings," said Gerentine. "There's no minutes. And I was not aware that any minutes had to be taken."

But the lack of meetings is an apparent violation of existing statutes.

"It's been part of the state law since 1977," said Robert Freeman, executive director of the state Committee

NO STUDY
Feldman said that David Lenefsky, an attorney working for the Modoc Tribe, had turned in at least one study to the special committee. She said she believes it is a transportation study, but has not seen it, saying Lenefsky said he had only one copy and would leave it with Todd. "It was a big thick white file," said Feldman, who said she did not know what had happened to it. The study was not in the file kept on matters related to the Modoc at the county legislative clerk's office, nor is it referenced there.

Gerentine said he did not know what had become of the study Lenefsky provided. "I have no idea," he said. "I don't have a copy. I don't know who has a copy."

Asked what the committee had done to study gambling in Ulster, he said he was researching consulting firms. "That's part of my job as committee chairman," Gerentine said. "I wrote to two or three different firms, I specifically outlined things I would like them to look at and that's what I asked them to look at."

Those documents should be available, since all Gerentine's official correspondence to private vendors is a public document, but the letters were not in the file for public viewing available at the county office building.

"I can't tell you why not," said Gerentine, suggesting it was due to a shortage of secretarial help. He said he could not provide the names of the consultants he contacted, but said the county was continuing to collect other information requested in the freedom of information act document filed March 21 with the clerk of the legislature.

"I gave that office some of my records on who attended and when it was in attendance at the meetings," [sic] said Gerentine. "They are going to get you all the information they can gather as to what transpired at these meetings." He could not say when the information would be made available.

Feldman was asked, as a legislator and public servant, how she felt about being on a committee which didn't announce its meetings publicly. "I wasn't aware that he had the meetings closed, but I really didn't see anyone there," she said.
on Open Government. He said public officials are obligated to keep written records recording what transpires, even motions that fail. The outcome of any votes, who voted and what their vote was are the minimum acceptable records required in minutes. "That is the function of minutes. The minute constitute the official record, so we can look back and say, this is what we did," Freeman said.

The meetings of the special committee have never been announced to the media or the public, either before they occurred or even afterwards, which violates the open meetings law. "Every meeting of a public body must be subject to public notice, given to the news media and the public," said Freeman. Special legislative committees must comply with open meetings statutes. "The law applies in the exact same way to the committee as to the governing body," he said.

NOT MY JOB
Todd said that it is not his responsibility to ensure that minutes are taken at meetings of the county legislature, even if he is attending those meetings.

"I didn't call the meetings, I didn't schedule the meetings and I didn't do any of the work that went along with those meetings. So it was not my responsibility," he said.

At least some of the meetings took place in Todd's office at the county office building in Kingston, but Todd said, "I'm not sure if I attended all of them or not."

Murray also said minutes are not his responsibility. And though his signature appears on the contract, Murray said it was a legal formality for him to review it for legal technicalities and said content of the contract was a matter for county legislators to decide upon.

"I don't know anything about that, the minutes or anything," said Murray. "I don't recall being specifically at any meetings of it. That's not to say I didn't meet with any members of the legislature, but I don't recall attending any specific meeting."

He said he was not sure who attended the meetings he was at. "A lot of time I am called in right in the middle of something and I don't necessarily know who is there," said Murray.


CON-TRACT?
County signed away right to voice opposition in contract on Modoc casino deal

The contract signed on April 15, 2002 and extended last week between Ulster County and the Modoc Indian Tribe contains some potentially unsettling and costly clauses for the county environment and taxpayers.

The contract acknowledges that state environmental laws will not be the standard used in determining the environmental mitigation measures associated with the casino, "by reason of variances, grandfather provisions or other similar laws or provisions."

As a sovereign nation, Indian tribes are not held accountable to state laws. Todd and county attorney Frank Murray say the environmental review for any Modoc casino will be the responsibility of the federal bureau of Indian Affairs. They said safeguards in that law are comparable to state law.

The $15 million annually paid to the county "are in full and complete satisfaction of all local government" claims against the Modoc for impacts from the casino, "whether or not [the impacts are] identified in this Agreement," reads a clause on page two.

School taxes may be jolted even higher by a casino project. The contract, on page four, says the Modoc may be responsible for providing funds beyond those agreed to in the contract, for public school enrollment increases attributable "to persons residing on tribal lands."

Asked abut the provision, Todd said, " I'm not sure,'' the whether the contract would provide additional money to impacted school districts, but claimed it will protect local towns and villages.

However, the Modoc cannot be asked to pay any additional money beyond the $15 million annually to the county. And Ulster County has "sole discretion" over how that money is spent, and will compensate what the contract calls Locally Impacted Entities "according to their impacts as determined by the county," reads a clause on page five.

But to receive any payment, the clause requires the community must "Support and not oppose the 'Project.'"

Ulster County must "Support the project and actively work with the Tribe and its contractors and agents," to obtain permits for the project and must "prepare and forward"

Letters of Support for the project to the federal Department of the Interior, Governor Pataki and "key members" of the Congress, and the state legislature "When requested to do so by the Tribe."

Additionally, the contract requires the county "Assist the Tribe in responding to negative comments about the Project."

The county must also go to court in support of the tribe, according to a clause on page six that reads "At the request of the Tribe, the county [must] intervene or participate as amicus curiae [a supporter] in any lawsuit challenging any federal or state approvals..."

So will Ulster County support the casino bid by the Modoc, even if it is opposed by the town of Wawarsing, challenging any federal or state approvals..."

So will Ulster County support the casino bid by the Modoc, even if it is opposed by the town of Wawarsing, where it is slated to be built? "I don't know," said Todd.

And though critics of casinos cite studies showing communities spend five dollars in services for every dollar generated by a casino, the payment to the county ends any obligation the tribe has for mitigating or paying any future claims of impact by local governments, such as the town of Wawarsing or the village of Ellenville, or the towns of Marbletown or New Paltz, who could see huge traffic jams from casino bound motorists.

The cost of compulsive gambling arising from casino is acknowledged in the contract, but no specific requirements are included to ensure county taxpayers are not forced to pay for programs related to problem gambling. "The Tribe acknowledges the need for a gambling addiction program and will provide such a program to residents of the county," reads the contract, but provides no particulars beyond saying that the state compact on casino gambling is expected to deal with the matter.

Todd and Murray defended the contract as an insurance policy to Ulster County taxpayers they would at least receive some financial considerations if a casino is sited and built in the county.

"A casino could be located here with or without our support, And if we had an opportunity to at least at be at the table and gain some financial benefit from the casino, then it made sense for us to do that," Todd said.

Asked about concerns that the contract fails to ensure that the fragile environment of the area will be protected and that school taxes and other costs will not rise, Todd said,

"I did not write the contract." (Woodstock Times 3/27/03)

 
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Letters to the Editor  (3/31/03)

 

 

March 26, 2003

 

Dear Editor:

The Week of the Young Child was established in 1971 by the National

Association for the Education of Young Children (NAEYC) in order for the

public to focus attention to the needs of young children and their

families. NAEYC has designated April 6-12, 2003 as this year's Week of the

Young Child, with the theme of this year's celebration being, "Children's

Opportunities-Our Responsibilities."

The Week of the Young Child is a time for communities to plan how to meet

the needs of all young children and their families, so that each child will

have positive experiences at home, in day care, in school and in the

community. Research has shown that experiences during the early childhood

years (birth through age 8) lay the foundation for later life and that

those children who have quality experiences during these years are more

likely to succeed in school and beyond. The early childhood years are

critical to the development of personality, and emotional and intellectual

abilities. It is necessary to ensure that all young children are in a

nurturing, caring, and safe environment, and insulated from violent and

abusive experiences. These negative influences can put a young child at

risk of being involved in violence later on in life.

As a community we have a responsibility to see to it that all young

children have quality early childhood experiences and that these

opportunities are accessible to all families. We need to make a commitment

to our young children to ensure they grow to be responsible, successful adults.

The Rondout Valley Early Childhood Workgroup encourages everyone to learn

about opportunities available for young children in their community. Help

make your community one that nurtures young children well. Our next

meeting is May 21, 2003. Call Lauren Arcomano at 334-5488 to learn more.

Sincerely,

 

Lauren Arcomano Susan Matson

Co-Chair Co-Chair

Rondout Valley Early Childhood Workgroup

 

Contact Information:

The Rondout Valley Early Childhood Workgroup is a group of agency

representatives and citizens working for healthy development of young

children in the Rondout Valley, through education and promotion of positive

opportunities for young children and their families.

Co-Chairs of the Rondout Valley Early Childhood Workgroup are:

Lauren Arcomano

Early Intervention

Ulster County Department of Social Services

1071 Development Court

Kingston, NY 12401

Phone 845-334-5488

 

Susan Matson

Extension Educator-Human Development

Director, Little Ones' Library

Cornell Cooperative Extension of Ulster County

10 Westbrook Lane

Kingston, NY 12401

Phone 845-340-3990

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Check out these local websites hosted by local residents or businesses (please let us know if you would like us to highlight a local website).

www.cruisesinc.com/mpraete

www.century21cherrytown.com/

 

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Indian Valley Little League 50th Anniversary

Indian Valley Little League is celebrating 50 years of service to the community this year. We would like to honor the former league members at our opening ceremonies on Sunday May 3rd(rain date-May4th). We are looking for past players, coaches, umpires, and board members to participate in the on field ceremonies that day. If you are a former league member, or know someone who is, please contact us for more information and to let us know if you can attend.

Mike Smith - (845)626-5610

Joann Redmond - (845)626-3914

Ron Naccarato - (845)626-3287

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DEC Issues Conference on Metro Recycling & Crushing’s Mine on Queens Highway

The NYS Dept. of Environmental Conservation held an issues conference on March 25 in Accord to discuss substantive issues raised by the Rochester Residents Association and local residents who oppose the reopening of the mine and the operation of a 400 ton per hour crusher. Attorneys and expert witnesses discussed concerns related to:

Air Quality and potential particulate emissions from both the combustion engines that will be placed on site as well as dust emissions generated from the primary crushing operation, potential operation of secondary crushing equipment and transportation. Charles Alongi of the Chazen Companies represented the RRA and contested numerous assumptions made by the DEC and Metro. Paul Rubin of Hydroquest, a consulting hydrogeology firm retained by the RRA raised the issue of silicosis, a medical condition known to be caused by silicates and the crushing dust of certain types of stone that are present on the Queens Highway site.

Hydrogeology: The RRA’s expert witness, Paul Rubin of Hydroquest, asserted that there was potential significant harm to the two wells located about 1,000 feet from the mine that serve the 35 homes in the Sylvan Glade/Worley Subdivision. He detailed the probable flow of the underground aquifer indicating the probable source as being underneath the mine floor. He said that disruption from mining activity and any contamination from fuel spills, etc. could cause significant harm to the public water supply and that the short distance from the mine to the well made monitoring wells ineffective. He noted that no test wells had been drilled and that a hydrogeologic survey should be required.

Traffic: The width of lower Queens Highway and adjoining shoulders (where they exist) were raised as inappropriate for heavy truck traffic. The vertical crests and hilly conditions of the road were raised as were the limited sight lines and stopping distances of the curvy road. The RRA was represented by Mark Gregory, Senior Project Engineering Manager of Transportation Concepts, LLC.

The RRA’s attorney, George Rodenhausen, asked at the beginning of the meeting that any discussion of noise related issues be postponed because Metro submitted a completely new sound study to the DEC, which he had received only the week before. Metro’s attorney, Rosemary Stack, said that the new noise study was a matter of public record and that Rodenhausen should have checked the record. Rodenhausen noted that he was listed on the judge-approved distribution list and thus Stack should have provided a copy. The noise issues will be raised in writing by the RRA prior to April 8, with Metro’s response due by April 21st. Rodenhausen also contended that the existing mine/permit should be considered "abandoned" as defined in ECL 23-2705 and therefore DEC should require a completely new application process replete with full SEQRA review

After that, the DEC administrative law judge, Maria Villa, will review the materials presented and make a recommendation as to whether there are sufficient issues to hold an adjudicatory hearing.

The RRA was prohibited from videotaping the meeting, although a transcript will be available at a later date; the proceeding lasted until about 4:15 pm. Approximately 35 people attended at least part of the proceeding, including Town Councilmen Randy Hornbeck and Tom Ryan, who were present at the morning session. Overall, it appeared that the DEC opposed every issue raised by the RRA without exception. The DEC regional counsel, and the DEC employees he presented as experts, attempted at every step to limit the scope of the proceeding to the increase of the size of the machinery rather than the effects of such an increase. Every concern raised by the RRA’s attorney was met with the claim from the DEC attorney of being "irrelevan" and "off point". His presentation in favor of granting the permit appeared to be stronger than that provided by counsel for the applicant itself.

bulletStrong Turnout at Rochester Residents Association Meeting on March 15

Z. Win welcomed the more than 50 people who attended the meeting and asked people to sign in on the registration sheet. He gave a brief update on what the Residents Association had done since it was founded.

Established a website with a listing of all businesses and organizations, local history, government and other pages as well as an archive of news articles about the Town of Rochester. The website also lists RRA bulletins and other items of interest such as the town’s property tax roll.

Distributed news bulletins, the Accord Town Crier, approximately every two weeks that contained local news, announcements, legal and governmental notices. The distribution list is now over 700 people and growing every week.

Published a list and guide to the town’s registered historical properties. Win said this was prepared to assist the Town in adhering to the State’s Historic Preservation Act, which gives historic and surrounding properties additional protection in the State’s SEQRA process. He encouraged owners of such properties to apply to have them listed on the State and National registers.

Videotaped and broadcast on public access television meetings of town government, including the town board, ZBA and planning board. Meetings of the County Legislature are now also broadcast. Win thanked Steve Fornal for taping most meetings in 2002 – approximately 48 meetings!

Mailed notices to surrounding residents whenever a potentially controversial development or project was being discussed by town government.

Win said that the Association’s goal was to create an open forum to discuss matters that have an impact on the residential quality of life in our community.

 

Streamside Estates Trailer Park

Francis Gray gave a brief outline of developer Michael Baum’s plans to expand the former Tessler’s Trailer Park from 16 spaces to 64 spaces. He said that the permit for the existing 16 spaces was granted for staff and overflow guest accommodations from the former Tessler’s Hotel and that the original permit said that no unit was permitted to have a kitchen. Gray outlined the potential impact on the Rondout Valley school system and explained how other taxpayers in town would have to pay the additional cost of educating school age residents from that trailer park since trailers were not taxed as housing units. He told people that there would be a "working session" for the Planning Board and the project engineer at which the public would not be permitted to speak. He said that an independent engineer that he hired had noted several discrepancies/errors in the project engineer’s report that need to be addressed by the Planning Board.

 

School Board Bond Issue

School board member Holly Elliot gave a brief outline of the upcoming bond referendum for the Rondout Valley School District. She said that operating budget funds had been used to cover certain capital expenditures at the Marbletown Elementary School and that additional funds were necessary to improve security at the high school. She said that the funds had been or are required to be spent and that if a bond is approved by voters, the district will be eligible for state reimbursement for 60% of the cost. If the referendum is not approved, the district will have to pay for 100% of the cost of the capital expenditures.

 

Casino Gambling

District 1 County Legislator Richard Parete updated the meeting on the status of the Modoc Indians’ plans to open a casino at the site of the former HITS equestrian show in Ellenville, near the Nevele Hotel. He said that under the original contract between the county and the tribe, if a casino application was not submitted to the Bureau of Indian Affairs within 90 days of signing, the contract would be voided. This did not occur and the Legislature is meeting on March 19th to discuss the contract renewal. He said that the Legislature’s leadership had not been forthcoming to Legislators about specifics relating to the casino plans and stated that legislators needed more information on the matter in order to make an informed decision. He said that there would be a short public comment period at the beginning of the meeting and invited people to attend. He said that there were a number of potential impacts on the community and that these had to be studied in detail before approving any casino plans. A list of people opposed to casino gambling was made. Parete asked people to contact their legislators to let them know how they felt about casino gambling in our region.

 

Town Noise Ordinance

Max Finestone, Chairman of the Town’s Environmental Commission told the meeting that the Commission has presented a recommendation to the Town Board to adopt a town-wide noise ordinance. He noted that Rochester was one of the few towns in Ulster County that did not have a noise ordinance and that the Town Board would consider the matter at the April town board meeting.

 

Low Income Housing Project in Kerhonkson

Pam Duke, president of the Kerhonkson/Accord Chamber of Commerce, told the meeting that a new group had been formed relating to the revitalization of Kerhonkson. The group, KARE12446, was opposed to a proposed 30 plus unit low income housing project on the Rochester/Wawarsing town line because of the potential economic impact on the community, traffic, and unsuitable population density (on less than five acres). The group meets weekly and will attend the April 25 meeting of the Wawarsing Planning Board and encouraged people to attend. Their website address is: www.kare12446.org

 

Metro Recycling Update

Z. Win told the meeting that lawyers for the Residents Association and assorted expert witnesses would attend a DEC issues conference on March 25th to discuss the potential negative impacts that the proposed re-opening of the Metro mine on Queens Highway would have on the residential neighborhood. He said that expert testimony on noise, dust, traffic and water supply would be presented. He said that more than $17,000 has been spent so far and that the next round would cost another $15,000 or so. He noted that the potential legal costs could reach as much at $150,000. He said that the town had passed a 90 day moratorium against mining expansion and new mines in town, but that the moratorium appeared not to have been properly enacted, thereby not being valid. He stressed the need for contributions to assist in the cost of defending residential rights and asked people to dig deep into their pockets to help fund this litigation.

The general consensus was that the meeting was productive and members said that similar meetings should be held either monthly or quarterly.  The meeting adjourned at 7:15 pm.

bulletMarbletown Community Development Committee Public Forum on Casino Gambling
Sunday, March 30thth at 4:00pm, Ulster County Community College, Stone Ridge, NY, Vanderlyn Hall Student Lounge
Sponsored by the Marbletown Community Development Committee
The Marbletown Community Development Committee is sponsoring a public forum for the purpose of discussing issues related to the proposed casino gambling site in the Town of Wawarsing. Our Committee has become aware by means of a town-wide strategic planning session that our community is interested in public education meetings, and many local citizens have voiced their interest in learning more about the casino gambling issue in particular.
The event will feature a panel discussion of experts who will address questions on gambling in the region and its potential impact.
Andy Lutz, retired Rondout Valley High School Social Studies teacher, will moderate the panel with the goal of presenting a balanced view and a broad perspective on the issues. The panel will be made up of regional and community leaders including: Assemblyman Kevin Cahill; Ulster County Legislators Richard Parete, Sue Cummings and Gerry DePew; Wawarsing Town Supervisor Dr. Richard Craft; and Marbletown Supervisor Tom Jackson. Also Congressman Maurice Hinchey has been invited as has State Senator John Bonacic.
The forum will be free of charge and open to the entire community. A brief reception will begin at 3:30pm and the panel discussion will begin promptly at 4:00pm.

Here are the facts about casinos:
Casinos attract crime.
Independent studies have repeatedly confirmed that casinos breed crime for the communities that host them, and for the surrounding communities.
The costs of casino gambling far outweigh the benefits. Studies show that for every dollar gambling produces for a regional economy, three dollars are lost in economic and social costs. When governments legalize casino gambling, taxpayers lose - whether they gamble or not.
Casino gambling triggers addiction. The more legalized casino gambling becomes available, the more addictive behavior is triggered. And once addicted, compulsive gamblers are far more likely to commit crimes, become involved in domestic abuse, declare bankruptcy or commit suicide.
Casino gambling victimizes the poor. The poorest citizens spend the largest percentage of their incomes on gambling. Those who can least afford it gamble the most.
Casino gambling corrupts government. A casino in Ulster county would become the biggest cash business, and the biggest employer of lobbyists in Albany. Where casinos have gone, loan sharks, bribery, extortion and payoffs have followed.
Casino gambling will change the local work ethic. By promoting the idea that luck, not education or hard work, is the key to success, the local work ethic will slowly disappear making it even harder to attract new businesses and jobs.
A casino is bad for the environment. Casinos will increase pollution, traffic, sprawl, congestion, labor shortages and housing problems.
More than anything else, gambling casinos will change the character of Ulster county, turning a beautiful, low-crime area into something that more closely resembles downtown Atlantic City.
Please take a moment to visit these links and read the articles............
Casinos' Costs Far Outweigh Their Economic Benefits
http://www.newswise.com/articles/2001/9/GAMBLE.UIL.html
Social costs of pathological gamblers
http://www.murraystate.edu/qacd/cbpa/bber/articles/reed.pdf
Business Profitability Versus Social Profitability: Evaluating Industries with Externalities, The Case of the Casino Industry. By Earl L. Grinols and David B. Mustard
http://www.casinowatch.org/costs/costs.html

 

bulletCounty Legislature Approves Three-Year Casino Contract Extension

KINGSTON - Ulster County lawmakers, after a contentious debate Tuesday night, approved a three-year extension of a contract with the Modoc Tribe of Oklahoma that plans to build a casino in the town of Wawarsing.

 

The 20-10 vote was divided largely along party lines. Supporters of the project say the $15 million a year the county would take in as a result of the contract is desperately needed revenue, while those who rejected the contract extension say the county has no idea exactly what effect having a casino in southern Ulster County would have or what it might cost to offset that impact.

At the outset of Tuesday's session, several members of the community, including leaders of some of the municipalities that would be the most affected by the project, spoke about the casino plan. With the exception of Wawarsing Supervisor Richard Craft, the speakers either urged the county to reject the pact with the Modocs or allow for more time to research the impact such a development would have on the county.

Craft said the town is pleased with its negotiations with the tribe's local counsel, attorney David Lenefsky of West Hurley, and said the Town Board is unanimous in support of extending the contract.

"The greatest impact will be on the town of Wawarsing. Not the county of Ulster, or any of the other towns," Craft said. "Our signature is the final stroke between approval and disapproval of this project."

Ellenville Village Manager Elliott Auerbach, however, asked that the contract "be returned to committee until we can be confident that it represents not only the best interests of county government but also of the town of Wawarsing and the village of Ellenville." Ellenville is in the town of Wawarsing.

A letter from Marbletown Supervisor Thomas Jackson said residents of the town, which is in the U.S. Route 209 corridor leading to the proposed casino site, have expressed concerns about the impact on the town and asked that until that impact is understood, no further action be taken.

Mary Mendola of Accord, a teacher, said the county will perpetuate the cycle of rural poverty if it endorses a casino here.

"A yes vote on a casino in Ulster County is a vote to entrap our young adults, those just beginning to live their lives in a county where employment is at a minimum," she said.

Legislator Susan Cummings, R-Wawarsing, said there are many unknowns about the casino project, but the county tried to do the best it could in negotiating the pact with the Modocs, which she said was the only group that expressed an interest in siting a casino in Ulster County.

"The fact is casinos are coming," she said. "Whether you're in favor of casino gambling in Ulster County or opposed, you should vote in favor of this agreement."

If the federal Bureau of Indian Affairs approved the tribe's casino application, the Modocs would have to negotiate a casino compact with the governor. (Freeman 3/19/03)

ELLENVILLE - Wawarsing residents last week strongly questioned town Supervisor Richard Craft's unqualified support for Ulster County's three-year extension of a contract with the Modoc Tribe of Oklahoma, which wants to build a casino in the town.

At a Town Board meeting Thursday, Franklin Brown said he was concerned about the casino having a "massive negative impact" on the town and said he doesn't think county lawmakers will have the town's interests in mind when agreements are made. He also asked if it's true that agreements with Indian tribes are not really valid.

Craft called that "absolutely wrong" and said he has been assured nothing will be done without town approval.

Local newspaper owner Mike Walkerwicz polled the board, asking members if they were in total support of the contract extension, as Craft indicated to county legislators at a meeting Tuesday night.

Councilwoman Theresa Hyatt said she initially supported the extension but, after reading the county's resolution, decided it did not protect the town's interests.

Hyatt said a particular passage in the resolution - "The county shall be the sole and final determinant" - illustrates her concerns.

Town Attorney Bill Collier said the agreement is between the state, county and town, and that the town will be included in negotiations.

Hyatt also raised the issue of a $5,000 donation from the Modocs to help fund the town's revised master plan. Craft said the donation was to offset the costs of examining the impact of a casino, but he added that "there are no strings attached, none whatsoever."

Walkerwicz said town residents attending last week's Ulster County Legislature meeting were not asking that the issue be scrapped, only that it be studied more carefully.

"The state and county, and now the town of Wawarsing, have made bad financial decisions," he said, using the Eastern Correctional Facility as an example. "We're saying, 'You're looking at this as a quick fix.'"

Craft said the board has never discussed the financial specifics of a casino.

"Precisely," Walkerwicz said.

"You don't know what you're talking about," Craft replied.

Town resident Iris Friedman said the three-year extension seems like an unreasonable amount of time to complete studies that were delayed because of a severe winter. She also asked if the Modocs will abide by local building codes.

Craft said the codes they will use "are very similar to ours, but they would not be bound by our codes." But contrary to rumor, he said, the casino property will not be a sovereign nation; rather, the land will be held in trust by the state. (Freeman 3/23/03)

 

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Trailer Park Expansion -- Moratorium Requested

ACCORD - Rochester residents unhappy about plans to add 48 trailer lots to the 16 already at Streamside Estates in Kerhonkson have asked the Town Board to pass a moratorium on expanding existing mobile home parks and permitting new ones until it could address residents' concerns.

Michael Baden, a Woodland Ridge Road resident representing the Rochester Residents Association, told the Town Board on March 6 he was happy some members attended last month's Planning Board hearing regarding the proposed expansion at 190 Cherrytown Road.

At that meeting, nearly 60 residents opposed owner Michael Baum's proposed expansion of the former Tessler's Trailer Park to a 64-unit manufactured housing community, Baden said. Baum also owns Aloha Acres and Fox Run developments in Modena, he said. Only two people spoke in favor of the proposal, he added.

"A recent townwide survey showed that about 75 percent of town residents oppose trailer parks in our town, while only 5 percent support them," Baden said.

Among concerns raised by the residents association, the town Historic Preservation Commission and individual residents were Streamside Estates' contiguous border with the Terwilliger-Smith Farm, a protected resource listed on the state Register of Historic Places; and its proximity to the Mombaccus Creek, a state Department of Environmental Conservation-classified trout spawning stream, Baden said.

Baden said if approved, the plans could have detrimental economic and quality-of-life effects on the community, including increasing school and property taxes, while overtaxing publicly funded municipal services. The residents association also contended that Tessler Trailer Park was operated for years in violation of town law and should be shut down instead of expanded, Baden said.

The original permit, granted in 1974, allowed for eight trailers to be used by hotel employees and occasionally hotel guests, Baden said. In 1979, the permit was expanded to include 16 "help quarters and guest rooms," provided that there were no additional trailers added to the trailer park and the additional eight trailers continue to be occupied by help or guests without kitchens or kitchen hookups, he added.

From 1979 on, the property was operated in violation of the restrictions of the original permit because the park housed residents who either paid rent for Tessler-owned trailers or located their own trailers in the park and paid a monthly land lease, according to Baden. Freeman 3/17/03

 

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Letters to the Editor

 

Re: Queen's Highway Mine.

After sitting back quietly the last few weeks or so, listening and reading about the opinions that people have in regards to the "INDUSTRIAL MINE" that our town board and local town citizens seem to not be too concerned with as long as it is not going on in their back yard: I have one questions for these people. What if it was? What if they lived where I lived and had to face what my neighbors and myself are going to be put through if this mine is re-opened. I ask the people of this community to sit back and think about what it would be like to be woken up on a beautiful sunny day by the continual flow of dump trucks driving up and down the road that joins their back yard. How would they feel looking out their back yard and seeing clouds of dust billowing in the air and landing in their swimming pool. Or having to vaccuum and dust on a daily basis becuase of the constant road traffic and the dust that will be traveling through the air. Would these people want to send their children out to play in a constant fog of stone dust.

 

Would they want to drink the water from their well that is fed from the underground springs that flow underneath the mine. Would they want to face the fact that the continous vibrations that they will hear all day may also collapse that underground spring.

I think the people who have access to the internet should go onto a search engine and input these words.... "rock crushing mines and environmental damage". Then I want them to tell me that I have no right to complain or worry about this mine being re-opened.

I dont just want to stop them from increasing their rock crushing capacity. I want them out of their completly. I don't want their noise, pollution, or their all and all "bad appearance" in my neighborhood. If you people out there think that puts me into a stereo-type catagory of a so called "city-dweller who came to this town to shut all the local businesses down" then so be it. I know 

 

I am not from the city and that it wouldn't matter if I was. We are talking about a mine that has been DORMANT for more than five years. Why should it now be re-opened? Can anyone give me a good reason. Or do I have to expect the usual response of

"If you dont like it...leave" I have this to say to those kind of people. If that is the best response you can come up with, I can only hope that you are never faced with the same situation as me and my child are, Because if you are....I will just have to

say "Oh well......" I wont say "I told you so". When will people start looking into what is best for this community. When will our elected town officials look out for what is best for our community. Who will protect us if our water is contaminated. I will not leave as some people would like me to. I will stay and I will fight until I can be assured that my child and every child in this

neighborhood is safe from environmental damage. Those of you who dont like that.....DONT LISTEN!!

 

Marsley Holderman

Accord

bulletLegal Notices

NOTICE OF FORMATION of professional limited liability company; Name; Harm Reduction Psychotherapy and Training Associates, Psychology, Social Work, PLLC; Articles of organization filed with the Secretary of State of New York (SSNY) on January 7, 2003; office location Ulster County; SSNY designated as agent of PLLC upon 173 Sundown Toad, Kerhonkson, N.Y. 12446. Term; unlimited; Purpose; any lawful purpose. (3/13/03)

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ULSTER ----------------------------x CLAYTON N. HAUGEN, JR., and TAMMY S. HAUGEN -Plaintiffs, -against- COUNTY OF ULSTER, MOSES CHRISTIANA, PHILIP STEEN and JOHN DOE, Defendants. ---------------------------x SUMMONS AND NOTICE Index No. 01-1889 TO THE ABOVE-NAMED DEFENDANT: You are hereby summoned to appear in this action by serving a notice of appearance on the plaintiffs attorney within thirty days after service of this summons is complete, and in case of your failure to appear, judgment will be taken against you by default for the relief demanded in the complaint filed herein. Mark Brunblatt, Esq. Attorney for Plaintiff 85 So. Chestnut Street New Paltz, New York 12561 (845) 255-0900 The object of this action is to quiet title to the premises in the Town of Rochester, Ulster County, New York, bounded and described as follows: BEGINNING at a point in the cneter of Mountain Laurel Road or Rand Road, said point of beginning Neing N 291723"W a distance of 17.25 feet from a pipe found at the northwesterly corner of lands of Clayton & Tammy Haugen, L.2599-P.338; THENCE from the said point of beginning and following the bounds of the said lands of Haugen S 291733"E, as the compass pointed in 1996, a total distance of 1426.26 feet to a pipe found on the bounds of lands now or formerly of Lawrence H. Kortright, L.2552-P.34; THENCE following the bounds of the said lands S 500021" W a distance of 761.18 feet to an iron rood set, said iron rod set being N 500021" E a distance of 78.89 feet from a stone pile found; THENCE following the bounds of lands now or formerly of James & Josephine Mesceda, L. 655 - P.223 and passing over a stone monument found at a distance of 332.60 feet N 222340" W a total distance of 609.76 feet to a stone pile found; THENCE following the bounds of lands now or formerly of Vincent & Ritz Felicione, L. 1288-P.1189 and passing over an iron rod set a distance of 1025.57 feet N 225022" W, a total distance of 1046.54 feet to a point in the cneter of Mountain Laurel Road or Rand Road, said point being S 225022"E 98.99 feet from a pipe found at the northerly corner of the said lands of Felicione; THENCE running along the approximate centerline of the road for the following seven courses and distances: 1. S 812622"E a distance of 85.36 feet, 2. S 891103"E a distance of 61.08 feet, 3. N 683418"E a distance of 51.95 feet, 4. N 500226"E a distance of 146.59 feet, 5. N 612729"E a distance of 89.15 feet, 6. N 672919"E a distance of 118.26 feet, and 7. N595501"E a distance of 34.76 feet to the point of beginning and containing approximately 22.513 acres. SUBJECT to all rights of the Town of Rochester, for highway purposes, to any lands adjacent to or lying in the bed of Mountain Laurel Road or Rand Road. SUBJECT to all utility grants and easements of record affecting the premises described herein. Daily Freeman 3/13/03

"NOTICE IS HEREBY GIVEN, that the Zoning Board of Appeals of the Town of Rochester will hold a public hearing on the 8th day of April 2003 at 7:00 PM at the Town Hall, located at 50 Scenic Rd., Accord, NY, on Application by Philip D. Rose for Area Variance for front yard setback for Accessory Use (tool shed with second story studio) on property located at 355 Stony Kill Road, Accord, NY, Tax Map #76.004-03-45 and in an R-1 District of the Zoning Map. The above noted application and map are open for inspection at the offices of the Zoning Board of Appeals and Town Clerk, Accord, NY. Persons wishing to appear at such hearings may do so in person or by attorney or other representative. The applicant must be present or represented at the hearing. (3/27/03)

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Letter Regarding Town Tricentennial

January 31, 2003

Dear Local Leaders, Town Officials, Community Non Profits, and Friends:

As you know from our last meeting in October 2002, our town will be celebrating its Tri-Centennial this year. This landmark event is a wonderful cause to celebrate. The Town of Rochester Youth Commission, and the Kerhonkson/Accord Chamber of Commerce, Inc. after much discussion, would be proud to move forward, along with the cooperation of all of you, to plan this event happening on Saturday, August 9, 2003. Our hope is to have a parade step off around 4:00 p.m., having theme floats from each organization from Scouts to our Religious community, and of course our earliest settlers, local farmers. Float themes can be the 1700s on or your particular groups theme showing its development over time. In the park there will be a panel of judges on the bandstand to award trophies after the parade. Each non-profit group is invited to fundraise serving food, and/ or other fundraisers you may want to do. Topping off the evening, our dream is to have folks sitting on lawn chairs or blankets listening to music and watching spectacular fireworks lighting the sky. This event can and should be a wonderful community effort celebrating this historic milestone.

An organization meeting is scheduled for Tuesday, February 18, 2003 at 7:00 p.m. at the Community Center, and refreshments will be served. We look forward to seeing you, or a representative from your organization then to plan what promises to be a celebration worthy of our town's Tri-Centennial. Good help and fresh ideas are definitely in "demand," so please pass this information on to any and all interested parties!

Please plan to attend this meeting, or send a representative. RSVP at the Chamber 626-2616, or the Youth Commission at 626-2115 by February 14.

We look forward to working together on this exciting venture. Thank you for your community spirit!

Sincerely,

Valerie Weaver, Executive Director

Kerhonkson/Accord Chamber of Commerce, Inc. and,

Carol Dennin, Director

Town of Rochester Youth Commission

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Trailer Park Expansion Hearing planned for February 25

The Town of Rochester Planning Board will conduct a public hearing to discuss the proposed expansion of the former Tessler’s Trailer Park on February 25th at 7:00 pm at Town Hall. For further information, please call Francis Gray at 626-4527.

School Bond Vote on March 27

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The Rondout Valley School Board is submitting to voters on March 27 a $2.8 million bond to cover health and safety maintenance costs at Marbletown Elementary School and Rondout Valley High School.

If the bond is approved by voters, the district would receive at least 60 percent reimbursement in state aid, reducing the overall cost to local taxpayers, Superintendent Marilyn Pirkle said.

The school board approved putting the bond up for a public vote at last week's meeting. Pirkle said the board is developing a series of informational meetings for the public throughout the district over the next two months. The board will announce the dates and places for the meetings at tonight's board meeting at 6 p.m. at the district offices.

According to Pirkle, $1.3 million of the bond would go toward reimbursing the district's general fund for the unexpected water damage repairs at Marbletown Elementary School in 2000.

In 1999, district voters approved an approximately $1.7 million capital project at the elementary school that included renovations and the replacement of the heating system, Pirkle said. In August 1999, however, heavy rainfall caused severe water damage to the building, which was made worse by Tropical Storm Floyd that fall.

Environmental tests found mold and asbestos in the building. The removal of those substances and several walls resulted in a cost that was almost three times the voter-approved capital project budget for the building. The district initially covered the additional costs through the district's capital fund, and now that money must be replaced, Pirkle said.

The remaining $1.5 million of the proposed bond would cover maintenance and repair work at the high school, she said. The current doors at the high school are old and have been deemed to be below standards, according to the state. The doors have to be replaced and fire doors must be added to the building, Pirkle said. A camera security system is included in the health and safety project costs, she added.

"It is essential that we do this," Pirkle said.

If the bond is approved by voters, the state will cover at least 60 percent of the total cost, but Pirkle said the reimbursement could be as much as 65 percent. If the bond is not passed, the district will receive no state aid and the board must repay costs from the district general fund over a period of time. The costs would include interest charges as well as principal, and Pirkle said that, without state aid, that method would cost taxpayers much more money.

The vote will take place 10 a.m. to 9 p.m. March 27 at the Rondout Valley High School.

For more information on the proposed bond, call Pirkle at (845) 687-2400, ext. 4803. (Freeman 2/11/03)

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Animal Cruelty Case Update

ACCORD - To Patricia Abezis, the farm house, kennel and barn where she keeps close to 100 dogs, cats and other animals rescued from streets and shelters is a haven and the fulfillment of a long-held dream. To Ulster County's Society for the Prevention of Cruelty to Animals, the rescue facility known as Patty's Angels is a nightmare of filth and overcrowding.


On Nov. 7, 2002, SPCA enforcement officers and Ulster County sheriff's deputies arrested Abezis, 48, along with assistants Michael Sickler, 52, and Tracy Ann Pennington, 44, at the Whitfield Road shelter in Accord. An indictment listing 116 misdemeanor counts of failure to provide sustenance to an animal charged that 92 dogs, 24 cats and numerous hens and rabbits were found without food and water and that kennels were contaminated with feces and standing water.

Thirty animals were seized and still reside at the SPCA facility in the town of Ulster. About 100 animals remain with Abezis as she and her employees fight the charges in Rochester Town Court.

This is not Abezis' first run-in with animal welfare authorities. She was charged in April 2000 with five counts of failure to provide sustenance to a dog, though those charges were later dropped.

AT PATTY'S Angels, on a narrow mountain road beyond the Accord Speedway, a thick sheet of ice and snow covers the grounds. Inside the 17th-century stone farm house, dogs in training cages and others running loose create a cacophony of barks, whines and howls as a visitor enters. The rusty training cages, which leave just enough room for a dog to stand up and turn around, are open on the bottom and rest on a buckling wooden floor. Most have a single blanket inside.

The rooms in the house are dim and bare, except for a few pieces of battered furniture and the training crates. A walk through the house reveals about 20 dogs, loose and caged, in four rooms. Five more are outside in a run attached to the house.

Abezis said the dogs in the house are caged only at night and at feeding time. On this day, they have been locked up so they will not stampede a visitor, she said.

Pennington said all the dogs in the house get outdoor exercise twice a day. The exercise periods range from 20 minutes in bad weather to three hours when it is warm, said Pennington, who began working for room and board one day before the November raid.

INSIDE a long blue wooden kennel, pens about 4 feet square and holding dozens of dogs line each wall. Larger enclosures stand in the center of the two wings of the kennel. Here, too, some dogs are confined to training cages.

All of the pens lining the walls have small doors, which are opened by a pulley system, that lead to outdoor runs 5 feet wide and about 50 feet long. Most of the dogs have a pen to themselves. A few contain two dogs.

In each pen, a plastic sleeping pallet rests on the concrete floor. The outdoor runs, which appear cleaner than in the photos taken by the SPCA, are still layered with a coating of dog waste frozen into the ice that covers the runs. "We have to go at it with a pick and shovel to get it clean," Abezis said. "We are still working on that."

About six cats live in a barn loft with chicken wire running down the center to prevent escape. A cradle and baby carriage piled with blankets are the only visible source of heat, and the litter boxes contain more waste than litter.

All of the dogs shown to a visitor had food and water, and none appeared to be emaciated or outwardly ill. The only visible injury was to a pit bull in a training cage in the house: It had a large, pink sore on its nose. Sickler held up a soiled dog bed and explained the animal rubbed his nose raw on it.

ABEZIS admits the facility is "not the prettiest place," explaining the death of her husband, Steven, in 2000 after a long battle with cancer and her own health problems have made it difficult to carry out her original plan to completely renovate the house and kennel. Still, she insists the animals are well-cared for.

"Not for one minute were these animals not fed," Abezis said.

Abezis, a Delta Air Lines flight attendant and Long Island native, blamed the November arrests on a former employee who, angry that she would not bail him out of jail on a drunk driving charge, told authorities the animals were not being fed. To back up her claim, Abezis referred to an affidavit filed by Middletown veterinarian Dr. Paul Johnson on Nov. 22 that reads: "After review of approximately 130 animals located at (the facility), I was able to ascertain that all animals received necessary food, water, shelter and care."

CHRISTINE French, director of the Ulster County SPCA said that Abezis, in her zeal to rescue abused and abandoned animals, has become overwhelmed.

"That facility was designed to hold a certain number of animals, and now it is overcrowded and understaffed," French said. She points to a small white terrier mix seized from the shelter as evidence the dogs may be confined to cages for longer periods than Abezis claims. The dog races frantically back and forth through a small doorway leading to an outdoor run for about five minutes straight.

"That is not a sane dog," French said.

ABEZIS said many of the shelter's problems are caused by harassment from the SPCA. The arrests, she claims, have made it difficult to find employees and volunteers. Meanwhile, publicity surrounding the criminal case a warning about Patty's Angels on the Internet have caused donations to the non-profit corporation to drop to almost zero.

But Abezis is confident she will beat the charges and continue her mission to find homes for adoptable animals and provide sanctuary for the rest.

"This work never stops because animal abuse never stops," she said. "Some of these dogs will never find homes, but at least they won't be killed." (Freeman 2/9/03)

 

Editor’s Note: The blankets and sleeping pallets referenced in this article were donated by the Ulster SPCA after the animals were seized "in place" by court order of the Rochester Town Court. Attempts to resolve this matter quickly in court have been delayed by Abezis’ attorney, who appealed the Rochester court’s decision to the Ulster County court. This procedure has delayed the seizure of the animals and their subsequent adoption. In addition, the procedure has limited Ulster SPCA access to the site to two days per week, despite the fact that employees of the Ulster SPCA have provided care and emergency attention, and blankets to the animals when the animals were seized in place in November 2002. The animals in the most desperate condition were removed to the Ulster SPCA’s shelter in Kingston. Improvement is noted, principally as a result of continued monitoring by the Ulster SPCA.

The dogs are not licensed as required by Article 7 of the Agricultural Markets Law, potentially depriving the Town of Rochester form up to $1,500 per year in revenue.

The Town of Rochester court has not yet scheduled a security bond hearing, that, if granted, would require Abezis to post a bond to reimburse the Ulster SPCA for the cost of caring for animals seized from Abezis. If Abezis is unable to post the bond required by the court within five days, the animals would enter the custody of the Ulster SPCA and from there be eligible for adoption. At present, no animals can be placed for adoption by the Ulster SPCA.

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Town Hall Addition Discussions

ACCORD - Rochester Town Board members Thursday discussed potential plans for building a 30- by 80-foot addition to the current Town Hall to include a courtroom, several offices, a conference room and handicapped-accessible bathrooms.

Town Justice Ronald Keillor said the present courthouse on Samsonville Road is 750 square feet. The new building, at 2,400 square feet, would be a great space, but the office configuration needs to be reworked, he said.

At Councilman Randy Hornbeck's suggestion, Keillor said he could draw his own floor plan and submit it to the Town Board in two weeks. The judge was asked to leave planned bathrooms on the end of the addition to be connected to the Town Hall and to consider a separate entryway for prisoners.

After the judge reviews the plan, the town can send it out for building estimates, Supervisor Harold Lipton said. Currently, he said the town is looking at modular designs, but it will consider stick-built construction if the price is right.

In other business, board members agreed Thursday to ask town Attorney Mary Lou Christiana to be present at every monthly board meeting, until further notice.

The consensus was that over the next several months board members will be dealing with sensitive issues, such as local opposition to the Metro Recycling and Crushing's application for a permit to install a 400-ton-per-hour rock crusher at its Queens Highway site and plans for a 34-unit affordable housing project straddling the town line in the hamlet of Kerhonkson.

Board members said they felt having the attorney on-hand would keep them better advised when making decisions about those issues and be less expensive in the long run.

So far, Hornbeck said, the Rochester Planning Board has not yet heard from 3d Development representatives about the portion of the proposed housing project in Kerhonkson that encroaches on the town, though an application for the development was presented to the town of Wawarsing Planning Board earlier this week.

"The Town Board of the town of Rochester is against affordable housing at that location, but would be in favor of senior housing," Lipton said. (Freeman 1-31-03)

bulletRochester Environmental Commission Proposes Noise Ordinance

Members of the Rochester Environmental Commission have presented Town Board members with a proposed noise ordinance that they hope the town will consider adopting. A similar proposal offered by the commission was rejected by the board in 1999. "The fact remains that we are one of the few towns that does not have (a noise ordinance(," said commission chairman Max Finestone. "It’s time that the town seriously reconsider it."

Finestone said there are ten towns that have such ordinances, including the city of Kingston, and the villages of Ellenville and NewPaltz. The commission’s draft ordinance suggests a noise level of no more than 65 decibels and excludes noises or sounds created by a government agency, public warning devices, church bells or chimes and motor vehicles licensed to operate on public highways. Noises created by lawn-maintenance equipment and other power tools would be permitted between 8:00 am and 8:00 pm. "The proposal is in no way a final approved document," said Dave Lowrie, a member of the commission. "We present it to the town board for review, and we hope that it starts a dialogue with the Town Board and commission and residents." Town Supervisor Harold Lipton said the proposal would be discussed at the next Town Board meeting, scheduled for March 6. (Freeman 2/9/03)

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Board OKs Truck Purchases

With town Supervisor Harold Lipton dissenting, the Rochester Town Board has authorized Highway Superintendent Wayne Kelder to purchase two dump trucks and a three-quarter-ton pickup truck with a 9 foot plow. "This winter has added about two to three years to our trucks," Kelder said. To date, he said, the Highway Department has been on the road plowing or sanding 41 times this winter, compared to 21 times for the entire season last year. The dump trucks will replace models from 1977, Kelder said. The purchase was approved in a 4-1 vote at Thursday’s meeting (Freeman 2/9/03)

bulletTroopers save tenants from blaze
Two state troopers from Ellenville who spotted smoke pouring from the back of an apartment building early Friday saved the lives of the four people sleeping inside, state police said yesterday.
Troopers Brian Frey and Thomas Hanigan were on their way to meet two other troopers from Kingston for an administrative relay at around 1 a.m. when they saw the thick black smoke coming from the six-unit building on Route 209 (in Accord).
Hanigan radioed 911 while Frey banged on doors to alert sleeping occupants. At two doors Frey didn't get a response, so he and Hanigan kicked the doors in.
Police said the two troopers entered the smoke-filled apartments and searched for people.
Meanwhile, Troopers Charity Kelley and Jeffrey Mruk – the troopers Frey and Hanigan had planned to meet – heard what was happening over the radio and immediately headed to the blaze.
When they arrived, the fire had spread to the roof and was burning dangerously close to a propane tank. So Kelley and Mruk alerted residents of two adjacent trailers and evacuated at least 11 people.
The cause of the fire is under investigation. (TH-Record 1-26-03)
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Conservation Easement in Alligerville

Virginia Schoonmaker, a long-time supporter of the Rondout Esopus Land Conservancy recently placed an easement on a portion of her farm on the Rondout Creek in Alligerville prior to selling the property. In May 1997, she donated the former Alligerville Post Office to the Conservancy to use as its headquarters building. Raised on farm, Ms. Schoonmaker has regretted the steady loss of farmland to development in Ulster County. She worked with the Conservancy and the buyers’ attorney to craft an easement that would be satisfactory to all. In the end, the Conservancy took an easement on 20 out of 32 acres. The important issue for the Conservancy was to protect creek frontage and lands across the creek. The easement includes the field past the large barn to the east and all the property from the Alligerville Bridge on Kyserike Road to past Church Hill Road along Tow Path Road (Berme Road). The easement protects approximately 1,778 feet of Rondout Creek frontage. For information on granting a conservation easement on your property, contact Laura Travers at 687-7553.

bulletLow Income Housing Project in Kerhonkson

Nearly 40 Wawarsing and Rochester town residents packed a Wawarsing Planning Board meeting Tuesday to oppose plans to build a 34-unit affordable housing complex. Describing the proposal, Bruce Levine, president of 3d Development Group, said "This is not a proposal for low-income housing. It is a proposal for affordable housing." The difference between the two depends on how deep the rents are subsidized, he said.

Levine said he would, if given permission, build townhouses on 5.57 acres, 4.68 acres of whichwould be in Wawarsing and .89 acres of which would be in the town of Rochester. Six buildings would house 34 units, divided into 30 two-bedroom units, two three-bedroom units, each with a kitchen, living and dining area and a bathroom, he said. Brick façade and aluminum siding would coat the exteriors he added.

Building costs of more than $3.0 million would be subsidized by a $1.2 million state loan, with the balance coming from corporate investors through federal housing tax credits, Levine said. Monthly rents would range from #360 to $573 with the majority of the units leased for between $419 and $487 per month. Qualifying maximum incomes, defined by the federal government as 60% of the median income in Ulster County, would be $18,000 for a single tenant, $22,560 for a couple. Those figures would be adjusted annually according to median income.

The Planning Board did not allow public comment during its intial sketch plan review. Instead it referred the project to the town Zoning Board of Appeals, where residents will get a chance to speak at a future public hearing when that board considers 3d’s application for an area variance to allow the density of units proposed for the site.

In the meantime, the Planning Board asked 3d to provide several things, including a long-form environmental assessment form, a traffic study, a water an sewer impact study, a report of how the development would impact a flood plain along the Rondout Creek and information about reinforcing local streets to handle additional traffic. It also asked the applicant to provide lighting, utility, plmging, drainage, storm water runoff, and landscape plans for review.

After the meeting, residents gathered to question the Amherst-based developer about the project’s anticipated density, potential affect on the Rondout Valley School District and whether temporary assistance recipients would qualify for apartments under the current income guidelines.

Rochester resident and vice president of the Rondout Valley Board of Education Maureen Sheehan said she was glad the town Planning Board sent the project to the ZBA to consider the density issue. She said she was concerned about the number of school-age children the complex could bring to the district. "I am absolutely not against affordable housing, but I am in favor of ownership rather than rental properties,": Sheehan said (Freeman 1/30/03)

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County Legislature Petition Drive Successful

Kingston – Democrats are hoping the step they took yesterday will give them control of the county Legislature.

Shortly after 4 p.m., county Democrats and their lawyer, Josh Koplovitz of Kingston, presented Legislature Clerk Randall Roth with a stack of petitions at least a foot thick. In the stack were 7,830 signatures of registered voters.

What the petitions ask for is that the public vote on the current 33-member Legislature reapportionment plan, the map which divides the county into nine districts.

The vote will be part of the November general election, unless Republicans can successfully challenge thousands of the signatures. "Let's just wait and see if they're valid," said Pete Savago, the county Republican Party chairman.

Democrats praised county Democratic Party Chairman John Parete and the 200 workers who stood out in the cold over the past 30 days to collect the signatures. At the end of the drive, Democrat Dave Donaldson of Kingston said, "I had people calling me up to get on the petition."

Roth has 30 days in which to certify the petitions. Then opponents have five days in which to push the petitions into Supreme Court to ask for a valid plan for the November elections.

"We will be there waiting," Koplovitz said. Democrats will have in hand an alternative plan based on single-member election districts. That is in opposition to the current plan generated last December by the Republican-controlled Legislature. The Republican plan calls for as many as six legislators in districts spread over multiple towns. "These districts," said Hurley Democrat Pete Kraft, "in which voters are denied any meaningful choice."

Democrats expect the case will go to Judge Vincent Bradley, who has already found fault with multi-member districts. Democrats hope Bradley replaces the Republican plan with a single-member district plan. In head-to-head races, Democrats hope to add at least eight seats to their current nine and control the Legislature. That's happened only once in decades.

The winning party in November can structure the districts until the 2010 U.S. Census results come out, but Democrats disavowed any political motives. "If we are successful in November," said Koplovitz, "then we will come up with a responsible plan."(2/1/02) TH RECORD

 

 

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National study says prisons do nil for rural economies

By John Milgram
Ottaway News Service

Albany – New York's prison building boom over the past two decades has done little, if anything, to help the economy in the rural communities where most of the new facilities were built, a new national study shows.
The study, from the Washington-based Sentencing Project, appears to debunk years of claims by state and local officials that new prisons in rural communities come with an economic boost to the region.
"Despite 20 years of claims by those who have gained financially or politically in building so many prisons, we now know that prisons do nothing to lift rural areas economically in jobs, income or sustainable growth," said Ryan King, one of three authors of the study.
"Reliance on prisons as an economic tool is at best short-sighted, and may lead to limiting local economic growth options."
The study found local residents often did not qualify for construction jobs in the new prisons. It said many of the new correction officer jobs created were taken by current state employees working in other counties. And it found little evidence of large spin-off businesses created in counties with prisons.
The study, "Big Prisons, Small Towns: Prison Economics in Rural America," focused on rural New York counties, where almost all of the state's 38 prisons built since 1982 were sited.
For example, it found the unemployment rate in northern New York's Franklin County, with five state prisons built since 1982, did no better than neighboring Hamilton County, which has no prison.
At the same time, incomes rose faster in Hamilton than in Franklin, according to the study.
Sullivan County was also included in the study, but its data was not specifically pitted against similar counties without prisons. Statewide, the study found per-capita incomes in rural counties without prisons went up 141 percent between 1982 and 2000, while rural counties with prisons saw a 132 percent increase.
State lawmakers with prisons in their districts disagreed with the study's findings. They said they've seen the economic boost a new prison can bring.
"I still think in rural New York [a prison] is more of an asset than a liability," said Sen. John Bonacic, R-Mount Hope. His district includes eight state prisons.
Regardless, said Bonacic, the prison building boom is over. The state's inmate population is declining and if anything, he said, one or more facilities will likely close over the next few years.
State Sen. Elizabeth Little, whose northern New York district includes 12 state prisons, said she agreed with the part of the study showing that major prison purchases, like food, often come from companies outside the counties where the facilities are located.
But the jobs the facilities bring, said Little, R-Queensbury, are well paid, with strong health and retirement benefits. (TH-Record 2/13/03)

 

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Tips from The Humane Society of the United States:
-Most dogs and all cats are safer indoors. Short-haired, very young or old dogs and all cats should never be left outside without supervision.
-Wind chill can threaten a pet's life. Use a dry, draft-free doghouse.
-Outdoor pets need more food in winter, because keeping warm depletes energy. Check your pet's water dish to make sure it's not frozen. Use plastic bowls, not metal.
-Bang on your car's hood before starting the engine to scare away any pet wanting to keep warm under it.
-Wipe pads of animals' feet with damp towel after contact with salt and other ice-melting chemicals.
-Antifreeze is a deadly poison. Wipe up spills and store antifreeze out of reach or use antifreeze-coolant made with propylene glycol.

 

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Letters to the Editor

TO WHOM THIS MAY CONCERN

Re: Metro’s Application for a 400 ton/hour rock crusher on Queens Highway in Accord

Some items that Metro and the D.E.C. have not told the public

Did You Know?

 

  1. That to crush and process stone, all of it has to be lifted into the air and gravity fed into giant machines several times? The 400 ton/hour crusher and screening unit that Metro would be using are both GIANT machines.

  2. That every pound of the approximately 200,000 cubic yards (or more) of rock and dirt that are currently sitting at the site must be lifted 15 to 30 feet or more into the air and dumped into the prevailing winds in the Town of Rochester residential area?
  3. That every pound of this approximately 200,00 cubic yards (which would be about 13,300 TRUCKLOADS) of dirt and stone will most likely be lifted into these prevailing winds from five to seven or more times to complete its process? This is NO exaggeration!
  4. That 200,000 cubic yards dumped into these winds just over four times adds up to over one million cubic yards of dust producing material into the air around our homes in this residential area?
  5. That these prevailing winds can carry this dust a mile or more?

  6. That Metro has stated that there will be no taking of ground water for dust control? However, it is stated than an engineer’s use report calls for watering the haul roads and stockpiles when needed.

  7. That there is no mention at all that there was even a need to control dust during the processing system?
  8. That as the situation stands now, we may end up with thousands of pounds of dust raining down upon us?

Do YOU supposed that OUR elected official at the Town of Rochester and or the D.E.C. would even take the time to consider whether such a scenario should be going on around our children, neighbors, and people with health problems?

All this is proposed to take place less than 2,000 feet from dozens of residential homes?

Stephen W. Lincoln

39 Cathy-Jo Place

Accord, NY 12404

bullet To the Editor:

in regards to your comment to my comment you ought to be happy your property value will go down that will mean your taxes also will go down and you will be saving so you will highly benefit by the MINE being there as for me in my own backyard unfortunately a few years back we had a beautiful farm next-door destroyed by a building development from a person from the city originally that was extremely rich and did not care about the area or how the land should be taking care of or treated so therefore because of him our taxes went up significantly to his benefit is that fair we could not even go to the town board to dispute it after all he bought the land and he could do as he pleased I should say you are the lucky 1 and as far as attending town board meetings some of us local non-millionaire people have to work for a living we do not have time unfortunately to waste time speaking to people who already made their mind up before they even discuss to the public about

anything I am sure you will agree to this. as for you having just as many rights as anyone else in this town unfortunately that's probably true as does the person that just moved in yesterday but if you think about it is that really fair that person can come here and try to change everything and not try to blend in, if they did not like it before they came what gives them the right to try to change everything to their way also shouldn't the people

investigate their area that they are moving into just possibly a little bit better I know I would but I think it's just the big thrill of getting away from the city life is all they see do I feel sorry for your family possibly a little but again it was your failure to investigate the area for its potential as Did those that complain about the racetrack it was their before they were I realize the scale that you are talking about will be larger but it's like moving next to an airport planes always get bigger – Bill Barringer

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Quiet couple with Golden Retriever seeks rental for possible dates: Aug. 

25-Sept. 1 or weekends.

Please contact 917-859-1308.

 

bullet "NOTICE IS HEREBY GIVEN, that the Planning Board of the Town of Rochester will hold a public hearing on the 18th day of February 2003, commencing at 7:00 PM, at the Town Hall, Accord, NY on Application by Charles Luchars for two-family dwelling on property located on Cherry Hill Road, a/k/a Rose Hill Road, High Falls, NY, on Tax Map #77,002-03011 and in an R-1 District of the Zoning Map. The above note application and map are open for inspection at the offices of the Planning Board and Town Clerk, Accord, NY. Persons wishing to appear at such hearing may do so in person or by attorney or other representative. Should this meeting be cancelled, the public hearing will be held by the Planning Board at a special meeting on February 25, 2003, at 7:00 PM, at the Town Hall, Accord, NY" (Freeman 2/6/03)

 

bullet NOTICE is hereby given that a license for Tavern Wine has been applied for by the undersigned to sell Beer and Wine under the Alcoholic Beverage Control Law, at 4728 ROUTE 209, ACCORD, NEW YORK 12404 for on premises consumption. JAYMEE BARRINGER & JAMES TERWILLIGER D/B/A TWIGGYS FAMILY RESTAURANT 4728 ROUTE 209 ACCORD, NEW YORK 12404 Freeman 2/6/03

 

bullet NOTICE is hereby given that a license for Tavern Wine has been applied for by the undersigned to sell Beer and Wine under the Alcoholic Beverage Control Law, at 4728 ROUTE 209, ACCORD, NEW YORK 12404 for on premises consumption. JAYMEE BARRINGER & JAMES TERWILLIGER D/B/A TWIGGYS FAMILY RESTAURANT 4728 ROUTE 209 ACCORD, NEW YORK 12404 (2/13/03)


"NOTICE IS HEREBY GIVEN, that the Planning Board of the Town of Rochester will hold public hearings on the 25th day of February 2003, commencing at 7:00 PM, at the Town Hall, Accord, NY, on the following Applications: Smiley Brothers, Inc. for Special Use Permit for spa and wellness center at Mohonk Mountain Hours, 1000 Mountain Rest Road, New Paltz, NY, Tax Map #77.004-02-19.1 and in an `A` District of the Zoning Map. Stream Side Estates Inc. for Special Use Permit for expansion of existing mobile home park, formerly known as Tesslers, located on Cherrytown Road, Kerhonkson, NY, on Tax Map #67.000-2-43.112, 43.113, 43.14 and 43.15 and in an R-1 District of the Zoning Map. The above noted applications and maps are open for inspection at the offices of the Planning and Town Clerk, Accord, NY. Persons wishing to appear at such hearing may do so in person or by attorney or other representative. (2/13/03)

 

bullet Notice of Formation of Tabasco Family Practice PLLC, a professional service limited liability company (PLLC). Arts. of Org. filed with Secy of State of N.Y. (SSNY) on 1/13/03. Office location: Ulster County. SSNY designated as agent of PLLC upon whom process against it may be served. SSNY shall mail copy of process to: 5 Golden Lane, Kerhonkson, NY 12446. Purpose: practice the profession of medicine. (Freeman 1/30/03)
bullet NOTICE OF SPECIAL SCHOOL DISTRICT ELECTION AND ABSENTEE BALLOTS Rondout Valley Central School District at Accord Ulster County, New York PLEASE TAKE NOTICE that a Special School District Election of the Rondout Valley Central School District at Accord, Ulster County, New York, will be held on March 27, 2003, at the Rondout Valley High School, in Accord, New York, at which the polls will be kept open between the hours of 10:00 oclock A.M. and 9:00 oclock P.M., Prevailing Time, for the purpose of voting upon the following bond proposition: BOND PROPOSITION Shall the following resolution be adopted, to-wit: RESOLVED, shall the Rondout Valley Central School District at Accord, Ulster County, New York, be authorized to: (1) reconstruct the Marbletown Elementary School for emergency health, safety and welfare improvements, including asbestos abatement and original furnishings, equipment, apparatus, appurtenances and incidental costs and expenses in connection therewith, at a maximum estimated cost of $1,296,292, and (2) construct and install improvements for health, safety and security at the High School, including original equipment, apparatus and incidental expenses in connection therewith, at a maximum estimated cost of $1,533,750, and that the aggregate maximum estimated cost of $2,830,042, or so much thereof as may be necessary, shall be raised by the levy of a tax upon the taxable property of said School District and collected in annual installments as provided by Section 416 of the Education Law; and in anticipation of such tax, obligations of said School District shall be issued. Due to space constraints on the voting machines, said proposition may be presented in substantially the following abbreviated form: PROPOSITION Shall the following resolution be adopted, to-wit: RESOLVED, that the Board of Education of the Rondout Valley Central School District at Accord, Ulster County, New York, is hereby authorized to reconstruct for emergency health, safety and welfare improvements at the Marbletown Elementary School ($1,296,292), and construct and install improvements for health, safety and security at the High School ($1,533,750), and that the aggregate maximum estimated cost of $2,830,042, or so much thereof as may be necessary, shall be raised by the levy of tax upon the taxable property of said School District and collected in annual installments as provided by Section 416 of the Education Law; and, in anticipation of such tax, obligations of said School District shall be issued. In the event that an abbreviated version of the proposition is necessary due to space constraints on the voting machines, copy of the full text of the PROPOSITION shall be on file in the office of the School District Clerk, located at the District Office, in Accord, New York, where the same is available for inspection by any interested person during regular business hours and shall be posted at the voting location. SEQRA DETERMINATION: The various School District improvements each have been determined to be a "Type II Action" (doors and security at the High School building) pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the School District has determined will not result in any significant environmental effects. NOTICE IS FURTHER GIVEN that the School District shall require all persons offering to vote at the Special School District Meeting to provide one form of proof of residency, including but not limited to: Drivers License with physical address Non-Driver Identification Card Voter Registration Card Check Book State Tax Form Heading with School ID#543 NOTICE IS FURTHER GIVEN that pursuant to Section 2018-b of the Education Law, absentee ballots may be applied for at the District Clerks Office. The District Clerk must receive applications for absentee ballots at least seven days prior to the vote if the ballot is to be mailed to the voter, or the day before the vote if the ballot will be picked up personally by the voter. The District Clerk must receive absentee ballots not later than 5:00 PM on March 27, 2003. A list of all persons to whom absentee ballots shall have been issued will be available in the District Clerks Office during regular hours until the day of the election. Any qualified voter may file a written challenge of the qualifications of a voter whose name appears on such list, stating the reasons for the challenge. Voting at said Election will be by the use of voting machines at the Rondout Valley High School, in Accord, New York. Dated: Accord, New York 2-4-2003 BY ORDER OF THE BOARD OF EDUCATION OF THE RONDOUT VALLEY CENTRAL SCHOOL DISTRICT AT ACCORD, ULSTER COUNTY, NEW YORK By Lorraine P. Sciarrino School District Clerk (2/7/03)

 
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Copies of the Accord Fire District Budget are Available

If you would like to receive a copy of the 2001, 2002 or 2003 budget for the Accord Fire District, please contact AccordTownCrier@aol.com. The Fire  District's tax levy increased by 43% in 2003. 1/22/03)

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2 hurt fighting restaurant fire in Kerhonkson
By Paul Brooks, Times Herald-Record, pbrooks@th-record.com
Kerhonkson - A short in an electrical box sparked a fire which gutted the  Continental Bar and Restaurant on Berme Road, just off Route 44/55, early  yesterday. 
Kerhonkson firefighters got the call about 9:50 a.m. The first fire units  were on the scene within 3 minutes and found flames shooting from windows in  the restaurant. 
About 60 firefighters battled the fire for about two hours before they could 
get it under control, said Ed Gillespie, chief of the Kerhonkson Volunteer 
Fire Department. 
Firefighters had to contend not only with the smoke and flames, but with cold 
that coated the area in ice. Two Accord firefighters were injured in falls. 
One dislocated his shoulder, the other hurt his back. Both were treated and 
released at a local hospital, a spokesman at the Accord department said. 
No one else was injured. The single-story building, about 30 feet by 70 feet, 
was not in use at the time, Gillespie said. 
The owners of the building at 1364 Berme Road live out of town. It is 
believed they have insurance on the structure. 
Accord and Napanoch departments assisted at the scene and Kripplebush and 
Ellenville departments were on standby. 
The departments had about eight pieces of fire equipment at the scene and 
firefighters were there until about 2 p.m. 
Fire investigators determined that a short in an electrical junction box in 
the attic caused the fire, Gillespie said. (TH -Record 1/21/03) 1/22/03)

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Helicopters search for inmate who left Ulster work detail
By Deborah Medenbach, Times Herald-Record
Rochester - Police are still searching for an inmate who walked away from a 
work detail Wednesday afternoon.
Ulster County Jail inmate Sean Sims, 28, of Saugerties, disappeared from a 
construction work detail at 1:50 p.m. Wednesday at the Rochester No. 2 
Firehouse on Samsonville Road. 
State police, Ulster County sheriff's deputies and state Department of 
Environmental Conservation teams searched the area until nightfall Wednesday. 
State police helicopters equipped with infrared equipment flew over the area 
most of Wednesday night, searching for anything generating heat in the bitter 
cold fields and forests that surround the firehouse.
Capt. Harry Van Vliet of the Ulster County Sheriff's Office said Sims left 
his coat behind at the firehouse. "He's just wearing his oranges [prison 
jumpsuit] so far as we know," Van Vliet said. Authorities resumed the search 
yesterday morning with ATVs and helicopters searching the woods, he said.
Sims was only seven weeks away from release on a one year DWI sentence. He is 
not considered violent or dangerous, sheriff's officials said, and he has no 
known illnesses that would cause disorientation or collapse. The sheriff's 
office is also investigating whether Sims had arranged for an accomplice to 
pick him up. Deputies spent much of yesterday interviewing Sims' family and 
friends.
Undersheriff George Wood said that Sims was a trusted senior member of the 
six-man work crew and had been on the job at the firehouse for the last two 
weeks. Search crews have re-searched the core area around the firehouse and 
have extended the search radius to Kerhonkson, Stone Ridge and the Ashokan 
Reservoir. So far there have been no reported sightings of the missing inmate.
Sims is described as a white male, 6 feet 2 inches tall, and weighing 165 
pounds. He has blue eyes and brown hair. Anyone with information is asked to 
call the Ulster County Sheriff's Office at 340-3640.(1/17/03) TH Record 1/22/03)

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Inmate Found Dead
SAMSONVILLE - The Ulster County Jail inmate who wandered off from a work 
detail earlier this week was found dead Friday near the firehouse where he 
disappeared, according to the Ulster County sheriff.
Sean P. Sims killed himself by cutting his wrists with a knife he had taken 
from the firehouse kitchen, Sheriff J. Richard Bockelmann said. 
Bockelmann said Sims, 28, of Old Stage Road, Saugerties, was found in the 
woods about a mile north of the Samsonville Road firehouse, where Sims and 
five other inmates were cleaning and doing maintenance work on Wednesday. 
Sims walked off about 1:50 p.m. Wednesday, as the work shift was ending, 
prompting a two-day search that involved police, forest rangers, dogs and 
helicopters. His body was found about 11:50 a.m. Friday by state forest 
rangers and deputies on snowshoes "searching an area they wanted to go back 
and check again," Bockelmann said. 
The spot where Sims was found is near the Rochester-Olive town line. 
Authorities believe Sims, who was serving a one-year sentence for drunk 
driving and was to be released March 4, killed himself shortly after leaving 
the firehouse, the sheriff said. 
The corrections officer overseeing the work detail, identified by Bockelmann 
as Vinny Decker, contacted deputies as soon as he realized the inmate was 
gone, probably no more than three minutes after Sims walked off, the sheriff 
has said. 
Bockelmann said he has looked into the matter personally and, though the 
investigation remains open, does not expect to take disciplinary action 
against Decker. 
Decker has been overseeing the inmate work program since it began four years 
ago, the sheriff said. The program is open to minimum-security inmates who 
have good behavior records and are not considered a safety risk. 
Bockelmann said Sims "had no discipline problems at all" in the jail. 
There was no indication of why Sims would want to commit suicide. Bockelmann 
said Sims received visitors in jail and was corresponding with friends and 
family. The sheriff said he is looking into whether Sims had any problems 
with other inmates. 
Bockelmann said after Sims disappeared on Wednesday that the inmate was not a 
danger to the public, and he stood by that comment Friday. 
Sims "was the longest standing member of that work detail," the sheriff said. 
Had Sims been found alive, he would have faced felony escape charges, 
Bockelmann said. 
The last time an Ulster County Jail inmate committed suicide was November 
2000, when bank robbery suspect Ronald Christian, 32, of Ellenville, 
strangled himself with a bed sheet in his cell at the Golden Hill facility in 
Kingston. (Freeman 1/18/03) 1/22/03)

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KINGSTON - The death of an Ulster County Jail inmate who walked off a work 
detail last week was caused by air getting into his chest cavity after he cut 
his own throat, which prevented him from breathing, according to authorities.
Sean P. Sims, 28, also had knife wounds to his wrists, according to Capt. 
Harry VanVliet of the Ulster County Sheriff's Office. He said the cause of 
death, pneumothorax asphyxiation, was determined by an autopsy that was 
completed Monday.
VanVliet added that the sheriff's office is awaiting forensic reports, 
including toxicology results, related to the autopsy and probe. Investigation 
is continuing into other aspects of the incident, he said. 
Sims, of Old Stage Road, Saugerties left a six-inmate work detail at the 
Samsonville Road firehouse last Wednesday at about 1:50 p.m. when the inmates 
were cleaning up near the end of the work shift, according to authorities. 
He was not gone for more than three minutes before the corrections officer
overseeing the detail, Vinny Decker, noticed he was gone and contacted 
deputies, authorities said.
Sims' disappearance prompted a two-day search involving police, forest 
rangers, dogs and helicopters. His body was found at 11:50 a.m. Friday by 
state forest rangers and deputies on snowshoes searching an area that had 
allegedly been gone over before, according to authorities.
Authorities said on Friday it was believed that Sims, who was serving a 
one-year sentence on a drunken driving charge and was to be released March 4, 
cut his own wrists and throat shortly after leaving the firehouse. The knife 
Sims used was one he had taken from the firehouse kitchen, Ulster County 
Sheriff J. Richard Bockelmann said last week. He had also said that he did 
not believe disciplinary action would be taken against Decker, though the 
investigation remains open.
Decker has been overseeing the inmate program since it began four years ago, 
the sheriff had said. The program is open to minimum-security inmates who 
have good behavior records and are not considered safety risks. Sims had been 
the longest-standing member of the work detail at the firehouse, Bockelmann 
had said. (Freeman 1/23/03) 1/22/03)

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Resident Admits Providing Alcohol to Minors

ROCHESTER - A man charged with providing alcohol to minors more than a year 
ago pleaded guilty to counts of endangering the welfare of a child and 
unlawfully dealing with a child last week in Rochester Town Court.
According to Ulster County District Attorney Donald Williams, Robert J. Roosa 
of 267 Whitfield Road pleaded guilty to both charges and was sentenced to 125 
hours of community service and a $1,000 fine. 
In December 2001, police found a number of minors drinking alcohol and beer 
from a keg at Roosa's house after a Rondout Valley junior prom. Roosa's son, 
Bobby, a senior at Rondout Valley High School at the time, did not attend the 
junior prom that night but knew the students who came to the house to drink. 
Williams said that he has no problem with the court's final sentence and that 
by pleading guilty, Roosa admitted his responsibility. Williams said that the 
Ulster County District Attorney's office, as well as police agencies and 
school districts all over the county, have been working hard to educate the 
public on the evils of underage drinking. 
"Giving Roosa 125 hours of community service sends a message that this is 
unlawful. Holding him criminally responsible says that it is not only 
unlawful but harmful to the young people who drink and the people who provide 
alcohol to them," said Williams. "We've seen too many young people end up the 
victims of vehicular deaths as a result of drunk driving." 
Williams said that the district attorney's office is a part of the county's 
Underage Drinking Prevention Team, a task force formed to aggressively 
address the epidemic of underage drinking. He said the district attorney's 
office has been aggressively prosecuting individuals and businesses that 
knowingly provide alcohol to minors and that state police have been working 
with his office to conduct constant undercover investigations of 
establishments that may be selling to minors. 
Williams said that he met Tuesday with members of the Underage Drinking 
Prevention Team, which included the Community Assets Builders, the captain of 
the state police and representatives of the New Paltz, Ellenville and 
Saugerties police departments, as well as representatives of the Ulster 
County sheriff's office, Ulster County Stop DWI and the Kingston, Onteora and 
Saugerties school districts. Williams said that the community group is 
continuously developing ways to prevent underage drinking. (Freeman 1/15/03) 1/22/03)

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Post office to elderly: Take a hike
By Jeremiah Horrigan, The Times Herald-Record, jhorrigan@th-record.com

Plattekill - Last week's snowstorm is little more than a memory on the road 
where Paul Gulak lives.
Driveways leading up to neat-as-a-pin mobile homes are scraped clear as 
airport runways.
But for 30 elderly shut-ins at Aloha Acres, the senior citizen trailer park 
where Gulak lives, an entire section of the complex may as well be buried in 
drifts a mile high when it comes to getting mail.
Administrators at the New Paltz office of the U.S. Postal Service have 
ordered carriers to stop curbside delivery to shut-ins on those roads due to 
an apparent squabble about a rutted service road that connects them. Gulak is 
no shut-in. The 62-year-old retired supervisor for the New York State Thruway 
Authority stands a sturdy 6-foot-6. 
"What's going on here is the post office is making seniors suffer needlessly 
and it's just not right," he said yesterday while striding down to the 
service road at the end of his street where the problem apparently began.
Shut-ins who until Tuesday got their mail delivered to their home must now 
walk or get someone else to walk to a cluster box at the end of their roads, 
where the majority of residents in that section of the 280-home complex 
usually get their mail. Packages are being left at the complex's business 
office.
The 10 asphalt roads in question splay out like the fingers on your hands; an 
unpaved service road connects them.
It was on this service road that a postal service delivery truck got stuck in 
a rut Monday. The 30 shut-ins living on the paved roads bordering the service 
road haven't had curbside delivery since then, according to Gulak.
New Paltz Postmaster Charles Gurreri refused to discuss the decision or the 
circumstances surrounding it yesterday.
Aloha Acres owner Michael Baum conceded the service road can be "problematic" 
in bad weather, while noting that last week's storm was an especially bad 
one. But, he said, since the post office hasn't set conditions or a timetable 
to resume service, all he can do is help deliver the shut-ins' mail himself 
in the meantime.
Gulak, who has lived at Aloha Acres for 17 years, said the service road is a 
convenience for anyone who uses it, not a thoroughfare. Baum said he has no 
intention of paving the road, if that's what the post office expects. 
The solution, they both said, is to have postal service trucks do what other 
delivery trucks routinely do: turn around in a resident's driveway.
"It's amazing," Gulak said. "Fed-Ex, UPS, the Ulster County rural bus 
service, even the garbage collection service can give us curbside service, 
but the post office can't." TH Record 1-10-03)
[Editor's Note: Michael Baum, through his company, Streamside Estates, 
proposes to expand the former Tessler's trailer park on Cherrytown Road from 
15 spaces to 65 spaces] (TH-Record 1/10/03) 1/22/03)


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Wanted:
Knowledge of Town of Rochester residents serving in the Armed Forces. A list 
of names, address, and photographs is now being complied in an attempt to 
keep our service people close to local issues and our hearts. Call Project 
Home Front Connection at 626-7921 to see how you can help us meet this 
objective. 1/22/03)

 
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Letters to the Editor

Reply to Bill Barringer's Editorial

Mr. Barringer's editorial it typical of a person who stereotypes a group of concerned citizens into "city people" who are "cry babies". First of all Mr. Barringer, I am not now nor have I ever been a "city people" Most of the people who live in this development have not moved here from the city
either.

We bought and paid "good" money for the houses that we live in. Some of us have small children who are going to be breathing the dust polluted air even while standing at the bus stop let alone playing in OUR back yards in the summer. WE are the ones who could possibly be drinking contaminated water if some of our predictions come to truth. Our (NOT YOUR'S) property values will decrease greatly.

I do not live near the racetrack, nor do I really know who Richie Smith or Charlie Johnson are. I am fighting right now for "MY RIGHT" to live and breath clean air and drink clean water.

If this mine is so important to you Mr. Barringer, please come to a town meeting and tell the people who have to deal with it in their "OWN" back yard what benefits you think we, you, the town, community as a whole would receive from it that supercedes the right of the residents here. We would be more than happy to hear your thoughts. But no...we will not be able to
pay you any money to attend. As you say, we just might have all of our millions tied up right now trying to purchase the entire Town of Rochester. 

Please....get your information straight. I personally don't have "millions" of pennies right now to go and spend at Walmart. I am just a person standing up for my rights as a resident of this town. Doesn't matter when or where I came from. I am here now and have just as many rights as anyone else living in this town.

Thank you,
Marsley Holderman aka "Cry Baby"
1/22/03)


In response to the letter from Mr. Bill Barringer;

Mr. Barringer,
As one of "you people", I've been living in the potentially fine Town of Rochester for 15 years. I'm very happy to be here and have a vested interest in seeing that the quality of small town life is preserved for all the residents, old and new and yet to come. I'm paying $2,700.00 in
Town/School taxes on a 850 sq.ft. cottage; that and the fact that I haven't missed voting in an election nor shirked Ulster Co. Jury Duty, I feel entitles me to express myself in any and all law-abiding ways. I was just wondering; how many members of "you people" are currently on the town board? 
How many have ever been? How many on the Zoning Board? I can tell from your
family name that your forebears have been here many generations and I honor that but if you feel this way about the newcomers, do you ever wonder how the people before you (the one's with the feathers, if there were any still alive) might feel about you and your ancestors? You know how that feeling you get when you have to send that big check to Ms. Sommer every year? Well,
I get the same feeling.

Very Sincerely, 
Paul Duffy
Accord 
1/22/03)


Dear Editor:

Mr. Barringer's letter just overwhelms me with sentiment. I might add that his eloquence brings tears to my 'cry-baby' eyes.

Roman
1/22/03)

Dear Editor:
Regarding the controversy over the proposed Queens Highway mine and other contended issues in the Town of Rochester, I have an idea: Let's not divide ourselves into two camps - oldtimers one one side and newcomers on the other. In fact, let's not divide ourselves by any category. Cooperatively, we can solve our differences and our town's problems. This doesn't mean that everyone will always agree on every issue, but we're all grownups and
we can certainly listen respectfully to each other and participate in our local government in a mature and reasonable way. The alternative is worse than a bad marriage, with resentment and anger piling up until out-and-out hatred results, with no one remembering exactly why. Not much can be accomplished in such an atmosphere.

It's easy to be mad at someone whose point of view is different from your own. It's hard to try to understand an opposing point of view. I say, let's take the hard road.

Coco Roth
Kerhonkson


Dear Editor:
Our area is under attack. Large tracts of sacred land have been proposed for major development,specifically the 2500 acre development of Awosting Reserve, owned by Mr. John Bradley, a New York City resident. The development proposal has been submitted to the Gardiner Town Board by Chaffen/Light Associates, calling for 349 luxury houses, plus a golf course, to be built over the entire pristine southeastern Shawangunk Ridge. 
As a native of the Shawangunk Mountains, I am more than outraged by this proposal. I am insulted. Our spectacular ridge, home to many unique plant and animal species and part of the souls of area residents, is about to be permanently destroyed because one greedy group of men have enough money to do it. 
Named "one of the last great places on the planet" by the Nature Conservancy, the ridge may become yet another housing development for wealthy out-of-towners.
Our land is all that we have. In the southern counties that have been subjected to development, the water supply is severely affected and the quality of life for locals is diminished. When our community becomes a Disneyland playground for the wealthy, we become obsolete. The time is now to stop this from happening. Write letters to newspapers and Town Board members! Attend the Gardiner town meeting on January 16 and show your support to prevent this tragedy from occuring. 
NO DEVELOPMENT ON THE RIDGE! PERIOD. 
For more info, check out: www.savethegunks.com
Lindsey Arnold
Kerhonkson, NY


To the Town Board and fellow Accordians:

It was brought to my attention there was consideration to close down the "Free Stuff" area at the Landfill. For me, and many others, this would be a sad day for Accord and an egregious error. It would undermine a wonderful and quirky thing that "works" in our community.


More than ten years ago I moved to Accord and have lived here full time since. Coming from Cambridge, MA, trips to the landfill each week became an enjoyable new ritual. Seeing Buddy, John, Wayne or whoever was on that day became a bright spot and that I consciously do not rush. I have not achieved the unspoken authority of an old timer in Accord, but have been
here long enough for a legitimate stance on this issue. 

In the early days, every so often I would see something really great in one of the dumpsters and lament that it was "against the rules" to take it out for renewed use. I suggested several times the creation of a place for "Free Stuff" -- and serve coffee. Surely I was only one of other inspiring
voices, but it was a huge thrill for me when they started the "Free Stuff" area--even if there wasn't any coffee. Everyone seemed to take pride in it. 

I have found many great objects from building supplies to chairs, desks, and gazillions of other things. Even better, I never feel inhibited about being creative and drastically changing "found" things. There is always a sense of possible invention and creativity at the landfill. Further, I have left many things of value and it feels good to knowingly recycle.

Finally, there is a sense of community around the "Free Stuff" that many of us cherish.

Now, it has also been brought to my attention that "Free Stuff" at the Rochester Landfill has been spared the proverbial "axe cutting" now rampant in business and government. However, it is important to let folks know that some of us appreciate both the "Free Stuff," and more importantly, the good spirit of those working at the Landfill, who also keep it running smoothly. The Landfill is, in its own way, a place the community congregates, and many of us know it.


Sincerely,
Paul Widerman
Accord



Dear Editor

Most people don't realize we won in Nam. We broke Russia's back by spending it to death, and we also forced China to soften its growl by sacrificing 58,000 men who killed a million of theirs and didn't even use an atomic bomb. Remember Kennedy's axiom, dominos do fall. We bombed a popcorn Country for 79 days who didn't fire back a shot. This mighty salvo of carpet-bombing did nothing but expose America's weak belly to the surrounding wolves and created the problems we now face in Asia. Where were the peace doves then when needed? In Africa we tried to serve bread to warring tribes who couldn't differentiate and devoured our young men's flesh instead. You looked away. What are your noble causes? Our enemies notice our metaphoric boundaries have lost distinction and our visions are locked into myopic views. We have just been attack, nothing more should need be said. If we ignore this responsibility we will be devoured. The age of Aquarius can only be reached through America's might, and everyone one of us should cheer the volunteers who sacrifice their lives on our behalf. Instead, red diaper doper babies pump out buses of dissent and manipulate nurturing fears that cry out for solidarity with the lemmings overseas. I suggest it's time to stand tall and buy war dividends, polarizing the community over legitimate offensive action is stupid and dangerous. 2) This re-arraigning the districts for different voter representation smells like a scam. Crier has joined the local censuring rags by conveniently forgetting to mention that this plan is strictly a Liberal political initiative. I suspect why the lie. Elitist attitudes support a small permissive network of like minds that have wormed themselves throughout the Hudson Valley and itch to further their hidden agenda by duping the majority of locals. It's all about trying to replace one form of jackass with another. This redistricting ploy is only bologna to fill up our Legislature with more dysfunctional obstructionists. Is that what the Crier recommends, more pigs in the pen? Our votes mean nothing already. Every year we have to vote twice on a muddled school budget. And no matter what the vote is, this school administration greedily takes whatever it wants, using our levied lands as hostage. This is a real problem, where's Crier's voice on that? Why do you raise our hackles by pretending there'll might be gambling around here? It's the NY Times trick of seducing people's feelings controls their minds. Bush is against phony casino land swamp deals, period. That leaves this area out. That's the nice thing about having a real leader, you can believe what the guy says. I hear no alluding to that allied fact, Why? Don 't tell me the Crier is just another bigot whose against our President no matter what he says or does?
I thought I joined a concerned community organization, instead I find shallow activists who strive to take away grandfathered rights, sow dissent and lust after cheap political power.


Bill Dukas
Kerhonkson
1/22/03)


Copy:
Certified Mail
January 17, 2003

 

 

Hon. Harold Lipton
Supervisor
Town of Rochester
Post Office Box 65
Accord, NY 12404

Ms. Nadine Carney
Chair, Planning Board
Town of Rochester
Post Office Box 65
Accord, NY 12404

Mr. Lawrence G. Biegel
Division of Environmental Permits
New York State Dept. of Environmental Conservation
21 South Putt Corners Road
New Paltz, NY 12561-1696



Re: Metro Recycling & Crushing, Inc.
Rock Mountain Farms 
Dec #3-5144-00065/1


Ladies and Gentlemen:

On Monday, January 6, 2003, fellow town resident Steven Lincoln and I met with Councilman Randy Hornbeck in the Zoning and Planning Office of the Town of Rochester to view the Town's files on the original Special Use Permit granted by the Town of Rochester Planning Board. 

The original Special Use Permit was granted to Howard Osterhoudt, Rock Mountain Farms' previous owner. The Special Use Permit was required in order to allow gravel mining in a residential zone, as designated by the Town of Rochester. The original Special Use Permit application, dated July 27, 1989 was for approximately 4.99 acres of the then-120 acre parcel. The Planning Board Office notes that it has no record of original permit approval by the DEC. The Special Use Permit (Decision #PB1989-25) was granted by the Town of Rochester Planning Board on September 5, 1989 and was superseded by Special Use Permit (Decision #PB1991-12) dated July 23, 1991.

The Special Use Permit was again updated in 1995 with application for the expansion of the approved mining area from the original 4.99 acres to a four phase plan that proposed mining approximately 18.4 acres in the parcel (including the original 4.99 acres). In reviewing the amended site plan, Councilman Hornbeck, Mr. Lincoln, and I noted that there were several continuing violations of the conditions required under the Special Use Permit. 

VIOLATIONS OF SPECIAL USE PERMIT

Detailed below are what appear to be several violations of the 1995 Special Use Permit granted by the Town of Rochester Planning board on January 17, 1995. It should be noted that this Special Use Permit carries the following proviso: "Any deviation from the approved plan shall render this approval null and void." 


1. The Special Use Permit requires overburden (topsoil) be stockpiled on site for reclamation. To date, there are no topsoil stockpiles on site as required, as all the topsoil has been sold.

2. The Special Use Permit requires a 130' by 90' Sediment Basin with drainage channel. According to the Special Use Permit's schedule, the mine owners were to "Construct sediment basin and earthen berm" replete with "anti-seep collar...40 feet of 15 inch CMP piping...with 24 inch porous riser pipe" (#5) and, in addition, "Construct permanent drainage channel lined with rip-rap." (#6) To date, neither condition appears to have been met.

3. The Special Use Permit's Mining Schedule demands, "Complete mining of Phase 1 and reclaim area." To date, this area has not been reclaimed, even as mining has entered into Phases II and III. In addition, each phase was to be reclaimed prior to mining new phases (I believe it is referenced in the narrative portion provided by Barry Medenbach, P.E.).

Further, since the Special Use Permit issued January 17, 1995 was to run concurrently with the NYSDEC permit of a five-year duration, it would seem that said mine site has not been legally permitted to operate since January 17, 2000. We contend that there has been no mining activity for at least five years and have residents willing to testify to that fact.

Finally, on the subject of the "expansion of mine", the Special Use Permit shows 18.4 acres to be mined. According to our files, the DEC notified Metro in a letter dated May 30, 2000 that DEC was prepared to issue a renewal permit for mining on the Metro site. A Draft Permit was enclosed with such letter. The draft permit authorized mining to a maximum of 20.5 acres in accordance with an updated mining plan dated April 18, 2000, Thus, at a minimum, an expansion of 2.1 acres (or an 11.42 percent increase) has been proposed, which is not authorized under the Special Use Permit granted by the Town of Rochester.

We expect the Town of Rochester to initiate enforcement actions related to the Special Use Permit and to consider the permanent revocation of the Special Use Permit as basic conditions of the Special Use Permit have been intentionally ignored.

We expect the DEC to suspend any further consideration of the permit modification requested by Metro Recycling & Crushing until all existing violations have been corrected. 

If you have any questions, please feel free to contact me. 


Sincerely,



Z. Win
President


cc: Members of Council, Town of Rochester
Members of the Planning Board, Town of Rochester
Mr. Douglas Dymond, Code Enforcement Officer, Town of Rochestester
Jonah Triebwasser, Esq., NY Dept. of Environmental Conservation
George A. Rodenhausen, Esq., Rapport, Meyers, Whitbeck, Shaw & Rodenhausen, LLP

 

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LEGAL NOTICES

NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY. NAME: MID-CENTURY MODERN LLC ARTICLES OF ORGANIZATION filed with Secretary of State of New York (SSNY) on 11/25/2002. DURATION: Until****** OFFICE LOCATION: Ulster County. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail a copy of process to the LLC, P.O. Box 462, Kerhonkson, New York 12446. PURPOSE: For any lawful purpose. (1/12/03) 1/22/03)


LEGAL NOTICE NOTICE TO BIDDERS The Town Board of the Town of Rochester will receive sealed bids on the following until 10:00am on January 30, 2003 at the Office of the Town Clerk of the Town of Rochester, 50 Scenic Road, Accord, NY 12404: Removal of metal shed located next to salt shed located behind the community center at 15 GLF Road, Accord, NY 12404, including removal of all materials from site. Complete removal of Quonset Hut Metal building and filling existing foundation with select fill. Complete removal of concrete structure slab and 3 foot block walls. Must excavate to 12 inches below finished grade. Approximate dimensions of concrete structure is 50 x 90. All concrete must be removed from site. Specifications available at the Town Clerks Office 845-626-7384. All bids must be accompanied by a non-collusive form. These forms also available from the Town Clerk. The Town Board has the right to reject any and all bids. BY ORDER OF THE TOWN BOARD VERONICA I. SOMMER TOWN CLERK/RMC 1/22/03)


LEGAL NOTICE PUBLIC AUCTION Valley Self-Storage sale for non-payment of storage charges pursuant to the power of sale contained in NYS CLS Lien 182, et seq. The following property will be sold at public auction on February 8, 2003, at 11:00 am on premises of Valley Self-Storage, Route 209 & Mettacahonts Road, Accord, N.Y. 12404. Valley Self-Storage may cancel a sale at any time for any reason. #130 Rodney Smith - furniture, microwave, tools, boxes, etc. #220 Jamie Allan - refrigerator, 2 air conditioners, furniture, tv, boxes, etc. #252 Denise Kaminsky - mattresses, furniture, boxes #309 Raquel McDonald - washer, dryer, dresser, mattress #315 Joanne Battista - stereo, tv, furniture, boxes, etc. #328 William Radivoy - snowblower, 2 refrigerators, tools, stove, washer, dryer, air conditioner, boxes, etc. (Freeman 1/21/03) 1/22/03)

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INDIAN VALLEY LITTLE LEAGUE REGISTRATION

2003 Season Registration

T-Ball - ages 5 & 6

Baseball - ages 7 - 12

Softball - age 9 - 16 (girls only)

Registration will be held at the Kerhonkson Elementary School - Kerhonkson,NY

Sat.  1/11  10am-12pm

Mon. 1/13   6pm-8pm

Wed. 1/15  6pm-8pm

For more information contact Joann Redmond, League President - 845-626-3914 or Ron Naccarato, Information Officer - 845-626-3287 (1/8/03)

 

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WASHINGTON DC PEACE RALLY, JANUARY 18

The Mid-Hudson National Peace Committee will be chartering busses from New Paltz and Kingston to attend a national peace rally on Saturday, January 18. There will be no more local rallies; national rallies will be held only in Washington and San Francisco. Busses will leave at 4:15 AM from the New Paltz Thruway Exit Park-n-Ride lot on January 18 and return later that evening (bring lunch). The cost is $35.00 (r/t) per person and spaces must be reserved in advance by calling 255-5779 or emailing jacdon@earthlink.net. Checks should be made payable to MHNPC and mailed to PO Box 523, Highland, NY 12528. (1/8/03)

 

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Rock Mountain Farms/Queens Highway Mine Update

The mining expansion moratorium approved by the Town Board on December 5 has not been formalized. Local residents and the Rochester Residents Association attended the January 2 Town Board meeting to thank board members for taking the first step in stopping mining in residential districts and presented the Board and the Town Attorney with a briefing book including a detailed legal memorandum that details how to enact such a moratorium. Residents met with Town Board member Randy Hornbeck on January 6 and reviewed town records on the site’s original Special Use Permit. Several violations of the conditions of the original use permit were noted as was the proviso imprinted on the plans stating that all conditions had to be met or the special use permit would be invalidated. The Special Use Permit was required because the mine sits in a residential district. Councilman Hornbeck attempted to reach the DEC to advise them of the moratorium. (1/8/03)

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Redistricting Petition Drive

The Ulster County Legislature recently passed a re-districting plan that has nine districts and 33 county legislators. The plan retains the "mega districts" that were successfully challenged in a recent court case.

A mega district means that rather than having 33 smaller, single-member districts, there will be only 9 large districts, each of which will have between 3 and 5 members. This is similar to having six senators for a single district of Connecticut, New York, and New Jersey instead of two senators for each of those states.

Single member districts, however drawn, means that each voting community will be electing a member to serve that particular district -- and be held accountable to voters for representing that district. Single member districts provide more direct and undiluted representation. A December 26 editorial in the Daily Freeman concluded, "Ultimately single-member districts would encourage competition for legislative seats while making elected officials more accessible and responsive to constituents. That's an outcome all good government advocates could embrace."

A petition drive calling for a permissive referendum to be placed on the November 2003 ballot is currently underway. If you would like to sign a petition, you can visit the Stone Windows Gallery on Main Street, Accord, or stop at the Kerhonkson Post Office on the Morning of Saturday, January 11. You can also call 626-3285 and one will be brought to you to sign. (1/8/03)

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Rochester Town Board Violates State Open Meetings Law

ACCORD - Rochester Supervisor Harold Lipton promised to include special meetings in future meeting notices after the Town Board apparently failed to comply with the state Open Meetings Law last week.

A half-hour prior to a scheduled session at 4:30 p.m. Thursday, board members interviewed three people without announcing the session to the public.

"Actually, it's supposed to be in executive session," Lipton said. "It wasn't put on the agenda. That's my fault."

Lipton said meeting notices are posted on the door of the Town Hall on Scenic Drive based on information he gives to the town clerk. He said board members were called in before Thursday's meeting.

"I notified everybody to come down here a half-hour earlier to interview these three people," he said. "One gentlemen wanted to be on the Board of Assessment Review, one wanted to be appointed constable, and the other (was a candidate for) zoning and planning."

Councilman Ron Santosky said he didn't get the message for the early session.

"I was surprised when I walked in to see the lawyer here," he said.

Robert Freeman, executive director of the state Committee on Open Government, says public notice should be provided in such cases.

"Section 62 of the Town Law deals with notice of special meetings to members of a Town Board and states in relevant part that the supervisor of any

town may, and upon written request of two members of the board shall, within 10 days, call a special meeting of the Town Board by giving at least two

days notice in writing to the members of the board of the time when and the place where the meeting is to be held," Freeman said.

"Judicial interpretation of the Open Meetings Law indicates that the propriety of scheduling a meeting less than a week in advance is dependent upon the actual need to do so," he said. "Unless there is a true emergency or need that would justify convening a meeting within an hour's time, members of

the public would be effectively precluded from asserting their statutory right to attend a meeting of the public body." Freeman 12/30/02) (1/8/03)

 

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Town Solicits Bids for Building Demolition

ROCHESTER - Specifications will be revised for bids on work to tear down two buildings adjacent to a youth center on GLF Road inside the former Agway store.

Town Board members agreed to re-advertise for contractors after determining bids reviewed during a Town Board meeting last week did not include a clause requiring that prevailing wage be paid for the project. Officials were also concerned that information was not clear about the amount of demolition needed.

"One contractor only listed that he was going to tear down one building when he really knew that he was going to tear both down but he didn't list it," town Supervisor Harold Lipton said.

Town officials were given four bids with a low proposed price of $13,500 from the first advertisement.

"We bought a 4-acre property with one main building and a couple of old barns," Lipton said. "The part that we need to be torn down is dangerous. The insurance company wants us to tear it down or build it up, and we've chosen to tear it down."

Other work needed at the site includes upgrades to the electrical system in the remaining structure, which is in the hamlet business district and was purchased for about $50,000 two years ago.

"The main building that we're using for the youth center is 3,600 square feet," Lipton said. "We will use that for town offices and the youth center."

Bids under the revised specifications will be opened at 11 a.m. Jan. 30 in the Town Hall on Scenic Road. Freeman 12/31/02 (1/8/03)

 

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Gambling - A Bad Bet

Pro-gambling lobbyists across the country cannot believe their good fortune. The worst budgetary outlook in decades has left plenty of desperate state governments once again vulnerable to being snookered by the gambling lobby's alluring "something-for-nothing" sales pitch, the fiscal equivalent of a comped buffet. States should know better by now. Opposing an ill-advised expansion of legalized gambling will be a true test of leadership for governors and state legislators nationwide.

States embraced gambling as a fiscal panacea during the last economic slowdown, in the early 1990's. Video poker machines (the industry's crack cocaine) and riverboat casinos spread into such improbable venues as Iowa and South Carolina.

It is painfully clear that not every state, and indeed not every county, can sustain its own Las Vegas. People do not fly across the country to gamble in South Dakota saloons, and there is no long-term economic payoff in enticing locals to ante up. The all-too-distressing reality created by gambling's spread is more crime, more addiction and more local businesses being cannibalized.

In recent years, the drive to expand legalized gambling has lost its momentum. Flusher economic times helped state governments acknowledge that gambling's social costs outweighed whatever windfall could be had in tax revenue. In 1999 the Congressionally appointed National Gambling Impact Study Commission called for a moratorium on the spread of gambling.

Now budget deficits are back, and so are the pro-gambling lobbyists. From California to Florida and Massachusetts, states are eyeing an expansion of legalized gambling. The gleeful lobbyists portray the issue as a choice between voluntary and involuntary taxes. What they don't add is that this so-called voluntary tax is regressive and saddles communities with unacceptably high social costs.

The case made for expanding gambling is usually a disingenuous one. It's all about saving venerable horse

tracks (by bringing in slot machines), enhancing an existing lottery or helping Indian nations. An army of

Washington lobbyists and outside casino operators eager to join with real and imagined tribes has worked hard to transform laws allowing gambling on reservations into a regulatory Trojan horse stuffed with slot machines.

Among the ensuing absurdities: Indian-owned off-reservation casinos, like the glitzy one the Seneca Nation opened on New Year's Eve in Niagara Falls, N.Y. Casinos already operate on the Canadian side of the falls.

One rationale for allowing casino gambling in New York State, as in most places, is a rather defensive "If we don't take the wagers, other states will." Courageous leaders must resist this destructive race to the bottom. (NY Times Editorial 1/3/03) (1/8/03)

 

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Letters to the Editor

 

Dear Editor

I'd just like to suggest that Wawarsing legislators check with the towns surrounding the Mohegan Sun casino in CT...their governments and police departments should be able to tell them exactly what changes occurred after that casino was opened. I would expect something similar to happen with any casino in Ulster Co., and those agencies have no reason to shade the truth, so the facts should speak for themselves.

C Hillman,

Kerhonkson (1/8/03)

 

Dear Editor:

    The School board would rather take from future claims then ask voters for an increase of expenditure? Millions disappear behind construction costs and all we get is a, "Everybody else does it why can't we?" Why? Rondout has the Highest Per Student Expenditure In The Country. At $13,793 per student, (40 million divided by 2,900 ) we can not afford to sneak by financial obligations. This community generously fed a concept of growth, and yet, in proportion, our children fell behind the learning curve as those expenses jumped up. If a child fails in education it is the teacher's fault. The teacher has that child in her hands 7 hours a day. The administration should stop spending, blaming parents, and get its minions

back to teaching.

    This town has always allowed trailer-park owners to add more costs onto this system. 50 more kids to attend the school for free. Why? Nothing is for free. It's those that sat on the Town Board who were into real-estate and trailer-parks that got to play freebie with conflict of interest. They pretended socialism and had the audacity to shout 'racism' if you'd confronted them. This is their legacy. Anyone whose kids use this system should pay something, fair school tax is the essence of communal responsibility. Also, we should be allowed to cut off the sticky fingers that permit a mine to expand over the objections of

its local community. If that mine doesn't generously aid the tax base after the deduction of increased town expenses, then there's no legitimate reason for it to dig. Save the gravel to repair our roads after the casino

goes in.

    Transparency is the key to the 21st Century and those that hide behind hidden books are thieves.

Bill Dukas (1/8/03)

Kerhonkson

 

Dear Editor:

    Thanks very much for publishing the Historic homes in Rochester ...how nice to see so many beautiful historic buildings, still in good shape in our town!

    I also have been pleased to see the M & M Variety Stop with its cheerful sign (& 50% off cards) now in Kerhonkson...a very welcome sight on 209!

    It may be that we have nothing to say about the possible casino, hotel, etc coming to Ellenville, but even there, Rt 209 will be impossible with the traffic increase. And I still wonder what benefit will balance the possible harm to Ellenville and surrounding towns.

C. Hillman,

Kerhonkson (1/8/03)

 

 

To all you cry babies

frankly I just don't understand it, you city people move up here and expect to change everything, you want us to close the racetrack for you ,and you want us to stop our trucks on the road . you want us to stop making a living on our own property such as Charlie Johnson's and Richie Smith. I really don't understand you people I suppose you want us to stop breathing also ,do we go down to the city and trie to close your airports or stop your buses. just because you people are millionaires or next thing to it you think you can buy everything well if you don't like it pay the price and buy it such as the land on Queens highway that you do not want as a mine in other words put up or shut up better yet move out !!!!

Bill Barringer (1/8/03)

 

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LEGAL NOTICES

LEGAL NOTICE: Notice of Receipt of Tax Roll and Warrant. PLEASE TAKE NOTICE that I, Veronica I. Sommer, collector of taxes in the Town of Rochester, County of Ulster and State of New York, have received the tax roll and warrant for the collection of taxes within the Town of Rochester for the year 2002 and that I will attend the Town Hall, Accord, New York, in the said Town of Rochester each and every day during the month of January 2003 8:30 a.m. to 12 p.m. and 1 p.m. to 4 p.m. excepting Saturdays and Sunday and holidays for the purpose of receiving the taxes listed on said roll. PLEASE TAKE FURTHER NOTICE that taxes may be paid on or before the 31st day of January without interest. On all taxes received after such date, there shall be added interest of (1%) one percent of the amount of the unpaid tax for each month or fraction thereof until taxes are paid or until the return of unpaid taxes to the County Treasurer pursuant unto law. PLEASE TAKE FURTHER NOTICE that pursuant to the provisions of law, the tax roll for the Town of Rochester will be returned to the County Treasurer of the County of Ulster on the first day of June, 2003. Dated: 12-31-02 Veronica I. Sommer Collector of Taxes for the Town of Rochester (1/1/03) (1/8/03)