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-ŕ-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 expect