The Town of Rochester is looking for some representative photos of the Town of Rochester to include in its new official website.  If you would like to submit photos for consideration, please email them to:  AccordTownCrier@aol.com and we will forward them to the town.  By submitting any photographs, you consent to the publication of such photographs.  

Incumbent Fire Commissioner Fred Wustrau was re-elected to a five-year term.

 

Fred Wustrau   120 votes

John Dunning     70 votes

Joe Bauer            1 vote (write in)

By Hallie Arnold, Freeman staff

12/15/2004

 

KINGSTON - Ulster County lawmakers have narrowly approved a 2005 budget that raises the county property tax levy by 11.02 percent and reinstates a tax on hotel and motel rooms.

Property tax rates to fund the spending plan vary widely by municipality, ranging from an increase of more than 91 percent in Olive to a decrease of nearly 44 percent in Woodstock. Countywide, five municipalities will see their county taxes drop next year, while the remaining 16 can expect their county tax bills to rise.

The fluctuation is due primarily to three factors: a countywide jump in property values, townwide reassessments that changed each municipality's share of the tax burden and the county's adoption of the state's so-called "large parcel law," which allowed New York City reservoir properties to be taxed at a separate rate and caused a huge jump in the tax burden for Olive, which has the biggest share of reservoir property.

The $293.1 million budget was adopted late Monday night at a meeting that lasted nearly five hours. The resulting tax levy increase was less than half the nearly 24 percent increase projected in a tentative budget proposed by the County Administrator's Office in late October.

After hours of deliberations, both in recent weeks during the Ways and Means Committee's review of the budget, and again Monday, the budget was adopted by a vote of 19-14, just two votes more than the 17 required for passage.

All 17 majority Republicans on the Legislature voted in favor of the spending plan, while just two Democrats - Jeanette Provenzano of Kingston and Joan Feldmann of Saugerties - voted for it.

Lawmakers voted to enact a 2 percent hotel/motel tax, commonly referred to as the "bed tax," in an effort to reduce the property tax levy increase from 12.8 percent, where it stood at the outset of Monday's meeting.

According to the County Administrator's Office, a law enacted in September 1991 allows the county Legislature to reinstate the "bed tax," which the county levied on hotel and motel stays from 1991-93, without additional approval from state lawmakers.

The state Legislature's approval is usually required for a county government to institute a new tax, such as a mortgage tax, or to increase the county share of the sales tax.

What will take state approval is the county's plan to increase the hotel/motel tax to a flat $5-a-night surcharge at the midpoint of the year. The surcharge is expected to generate about $2.4 million next year.

Lawmakers had been debating numerous budget items up until the vote was taken Monday, including the flex plan, a management benefit that many Democrats have targeted for months to cut; the institution of a mortgage tax and/or a hotel/motel tax; and the issue of employees who had desk audits suggesting promotions that were denied during the budget process.

Ultimately, the only changes that were adopted prior to the budget vote were the hotel/motel tax and the reinstatement of $30,000 out of $105,552 that previously was cut from the county Health Department's tobacco education mini-grant program.

County taxes make up about 12.4 percent of the average property tax bill in Ulster County. At roughly 68 percent, school taxes are the largest portion of local taxes, while municipal taxes account for about 13.89 percent. Special district taxes, generally for fire, water or library districts, are about 5.45 percent of the average tax bill.  (Freeman 12/15/04)

Waska has been adopted by a woman from Pallenville NY.  She also went to the SPCA where Minna is going through heartworm treatment. They met and she fell in love with her too. She will also be adopting her in two weeks when she is well enough to go. Minna and Waska will be

together again, as they belong. Thanks, Jill Shufelt, Dog Control Officer.

By: Bonnie Langston, Freeman staff

12/17/2004

 

When Jordan Gundberg talks about the poultry flock he is raising at his home in Accord, the word he most often uses is "cool."

It was definitely cool, for instance, when the teenager's New Hamphire Red rooster Chomper won not only Best of Breed but also grand champion over all breeds of poultry - including ducks geese and you name it - at the New York State Fair in Syracuse this past summer.

And it was cool when, at the same fair, Gundberg won Best of Class for showmanship with his buff orpington rooster Champ, who also was named Best of Breed.

If that were not enough, Gundberg also placed high enough at the state level to compete with other 4-H members at the Avian Bowl in Louisville this past November.

"New York came in fifth out of the whole nation," 15-year-old Gundberg said.

As he talked about his chickens in the kitchen of his home, Gundberg's parents Wayne and Debbie and his grandmother, Jane Countryman - once a 4-Her herself and a past 4-H leader - listened in with a pride that matched Gundberg's. A few rows of eggs in various shades of brown lay on a nearby cabinet in the room that looks out onto a barn, sugar shack and open countryside acres.

Despite the obvious - that Gundberg has a special niche and winning ways with feathered fowl - he has not taken years to develop it - or at least not many. The idea took hold about three years ago when he and his family moved to their present location. Fewer than six months later, a friend who was no longer able to raise his dozen chicks gave them to Gundberg.

It was a later trip to a county fair and a visit to an exhibit of 4-H poultry that convinced the teenager to join the local club Samsonville Barnyard and show his own chickens.

He thought his poultry had a chance to place well.

And sure enough, it did.

His New Hampshire hen won Best Overall in the poultry division, and in the trio class he showed Chomper and two New Hampshire hens that won a blue ribbon. In addition, he won the novice division in showmanship with Champ.

"This one's like a baby. You can pet him," Gundberg said, lifting Champ out of his cage and demonstrating that fact. "He's so calm."

But how did Gundberg win the overall championship at the state fair, especially his first year in showing poultry? He said he discovered early in the chicken-raising process that his poultry looked their best at 6-months-old. So in March Gundberg ordered a dozen commercially-bred, day-old chicks from Missouri and chose the finest to show, including Chomper and Champ. The calm Champ was an asset to Gundberg's effort at showmanship. And Chomper? He excelled in standards for his breed such as color, comb points, body shape and weight.

The rest, as they say, is history.

What do Gundberg's pals think about their friend's poultry endeavors?

"They think it's pretty cool," he said.

And his brothers, 30-year-old Jeremy of Kerhonkson and 26-year-old Jared of Accord, sometimes tease him calling him "chicken-boy," but they've also been known to brag to others about their younger brother's accomplishments.

Gundberg said he likes the fact that his hens provide eggs for the family and others. Typically egg production equals two-thirds the number of laying chickens, he said. Therefore his 36 hens should lay 24 eggs daily, but they have performed exceptionally providing about 30 until they began to molt, the yearly growing of new feathers that replace the old.

And, unfortunately for the Cornish crosses, a fast-growing breed that Gundberg raises in the spring for consumption, Gundberg has a palate for chicken. Gundberg, his father, brothers and uncle butcher the chickens when they are 10 weeks old. The dressed birds sell by word-of-mouth, as do eggs from the laying hens.

Gundberg's mother, unit coordinator on the surgical floor at Kingston Hospital, said she has plenty of customers at work.

"The doctors and nurses, they get my eggs," Jordan Gundberg said.

Among the most uncool things about raising chickens, he said, is cleaning their coop, especially in spring after a winter that typically is too cold to allow the chickens out and people in.

"In the spring it's quite messy," Gundberg said. "Cleaning the coops is not too much fun."

Besides his prize-winners, he also raises Rhode Island Reds, Black Stars - and Araucanas.

"That lays a green egg. That's a cool chicken," Gundberg said of a black hen with poofy feathers tinged with silver highlights that make is look like it's wearing a short boa scarf.

There is also a grouping of guinea hens that are so vehemently loud that their wattles - the bright fleshy skin that hangs from their throats - waggle along with their tongues. These birds, kept by some farmers as sort of "watch dogs" that warn when varmints come near the coop, also eat insects, including ticks.

Gundberg showed a pair of the birds through Cornell Cooperative of Ulster County to young children at summer school this year.

"The kids loved them, too," Gundberg said. "The one guinea laid an egg while I was there."

He also has given more public educational presentations, and for the second year joined other 4-H members in providing holiday foods and goodies last Saturday for the elderly in New Paltz.

"We bring eggs, too," Gundberg said.

As for next year, he plans to breed his champions and show their offspring at the Ulster County Fair. He will enter the senior class for showmanship with a goal of competing on the state level in master showmanship, which includes not only poultry but dogs, cows, rabbits and other animals shown at the fair.

Gundberg also is raising a pair of silver fawn rabbits and plans to enter their progeny in the county fair as well.

Meanwhile, Chomper makes sure everyone knows that he remains king of the roost at the Gundberg residence, letting out cock-a-doodle-doos that challenge the clear-singing Chanticleer in Geoffrey Chaucer's "Canterbury Tales."

But don't pat him for his efforts.

"His name is Chomper for a reason," Gundberg's father said. (Freeman 12/17/04)

Dear Editor:

 

I agree with many of the statements of recent letter writers on the Polar Express issue.  Perhaps it should be the Polarizing Express.  My first question is why is public taxpayer money being used to pay for trips to the movies?  Money should be spent on teaching kids to read and write, not on entertainment.

            Secondly, Santa Claus is a representation of Christmas.  And Christmas is a Christian holiday.  You can argue all you want that Santa is secular, but he’s a representation of a Christian celebration nonetheless.  People of faiths other than Christianity don’t expect Santa to visit nor do they seek him out.  His very origins (the Dutch Sint Klaas) indicate Christian sainthood, not secular symbolism.

            The first amendment to the Constitution states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... ”  I’m a Christian and I fully believe in this principle as well as everyone’s right to observe their own religious beliefs (or choose not to have any).  However, public funds should not be spent on anything that emphasizes any single religion over any other, which a visit to a Santa Claus movie does.

            Kids have a difficult enough time trying not to stand out and to avoid the oftentimes cruel ridicule of their peers.  Wearing the wrong shoes, looking or acting differently, not having the money to follow the latest trends, as well as being smarter or dumber than their peers are all sources of schoolyard humiliation that detracts from the mission of a school system.  Why would the school district want to add religious beliefs and personal faith to the mix?

               

JR

Kerhonkson

 

 

 

Dear Editor:

 

     I find it very sad indeed that people consider the "Polar Express" to have any religious significance in regard to Christmas.  Santa is a symbol of generosity and gift giving, but it is in no way a religious symbol.  Santa is make believe.  He has become a secular symbol used by commercial vendors to entice people to spend money on buying their goods.  The only good in Santa is the magic he brings to the hearts of  young innocent children who "believe" if only for a short time.  Thus the reminder of this in "Polar Express"  makes it a nice film for children to see at this time of the year.

     But the RELIGIOUS significance of Christmas is that it is the birthday of Jesus Christ and everyone seems to have forgotten that very important fact.  In fact, we are asked not to mention that information because it makes others uncomfortable.  What happened to religious freedom in this country?

     As far as the "grinch" statement, I thought people had a sense of humor in Kerhonkson, as that was how it was written.

            DM , Kerhonkson

 

 

Dear Editor.

 

This is addressed to those who can't stand to be criticized when they criticize other's faith practices.   Vitriol can imply many things, for instance it could serve to notify those whinny do-gooders to pause in their feeble attempts to rearrange the status quo. And they should expect mean spirit If they're foolish enough to try and stop a holiday that more then 80% of the American population celebrate.

 

Christmas to many is just a fat guy with big wallet and kind heart, a generic pagan holiday of gifts and take.  It was created by a Scandinavian society to dilute and absorb the faith of Christians who had been worshiping Christ's birth.  To many Xmas is a time to feel depressed and others pay no attention to it at all.  Those who want to banish this pagan holiday will adversely clear the way to open the door wider onto Christ.

 

The Romans also attempted to weaken the Christian faith by taking the important moment of Christ's death and tried changing it into a pagan celebration called Easter.   Hence the non-Christian fertility eggs and the multiplying rabbits of procreation.  Out of the churches and into beds was the Roman idea of control. To them there was no God but Caesar; as many

today continue to believe.

 

I would say Christians are generous in their nature, they've already allowed our society to truncate their values and turn their worship into public holidays of fun and simplicity.  I've also noticed that people who believe in one God are usually tolerant of another's God.  So I would

suggest that if neither the pagan nor the Christian, nor the Jewish, or Islamic faith suit the complainers' needs then they should invent one like Kwanzaa.  For example; on December 25th initiate the Enlightened Atheists of the Amebic Church of Nothingness.

 

Then we could shout; Merry Christmas, Happy Holidays, and Cheerful Nothing!

 

 

Bill Dukas

Kerhonkson NY

 

 

 

Legal Notice BIDS FOR AERIAL LADDER The Board of Fire Commissioners of the Accord Fire District, Accord, N.Y. will receive sealed bids for the purchase of a 2004 Aerial/Pumper Quint, Aerial of 75 ft., minimum tip load 1000 pounds, pumper capacity of 1500 gpm, tank load of minimum 400 gallons. Bids on such items will be submitted in sealed envelopes to the Accord Fire District, Lon Kazmarick, Secretary, P.O. Box 163, Accord, N.Y. 12404 or hand delivered prior to January 19, 2004, by 7:30 p.m. Each bid shall bear the face thereof, the name and address of the bidder and must also designate "Bid for 2004 Aerial Ladder." All will be publicly read aloud at the regular meeting of the Board of Fire Commissioners of the Accord Fire District on January 19, 2004 at 7:30 p.m. The meeting will be held at the Accord Fire House, Main Street, Accord, N.Y. Specifications, at a cost of $50.00 to the bidder, may be obtained by calling or writing to Lori Kazmarick, Secretary, at the above addressed or calling 845-626-3707 between the hours of 1-4 p.m., Mondays. Bidders must comply with the laws of the State of New York and (Non-Conclusive Bid Certificate) is required by Section 1030 of the General Municipal Law, must be submitted with each bid. The successful bidder may be required to furnish and pay for a satisfactory performance bond. The Board of Fire Commissioners reserves the right to consider bids for a period of Forty-Five days after their opening during which time no bidder may withdraw his bid and the right is reserved to the Board of Fire Commissioners to accept or reject any and all bids or to accept the bid which is best in the interest of the District. Dated: 12/24/2004 Board of Fire Commissioners Lon Kazmarick District Secretary (Freeman 12/25/04)

 

 

 

December 22, 2004

 

Pam Duke, Supervisor,

Town of Rochester

Post Office Box 65

Accord, NY 12404

 

Nadine Carney, Chair

Town of Rochester Planning Board

Post Office Box 65

Accord, NY 12404

 

 

                Re:                Alternate Members to Planning Board & Zoning Board of Appeals

                                Chapter 38, Code of the Town of Rochester

 

Dear Supervisor Duke and Ms. Carney:

 

In reviewing the videotape of the December 21, 2004 meeting of the Town of Rochester Planning Board, I was surprised by Ms. Carney’s public assertion that the alternate member of the Planning Board is permitted to participate in meeting of that body when all regular members are present, provided that the alternate member does not make motions or vote.  Ms. Carney’s interpretation of the law appears to directly contradict the provisions of Chapter 38 of the Code of the Town of Rochester, that provides for the establishment of such alternate positions and which defines the conditions under which such alternates may act, as follows:

 

1.                    Chapter 38-2 clearly states that the purpose of appointment of an alternate member is to ensure that a quorum is present in cases that include, but are not necessarily limited to: members’ illness, extended vacation, or conflicts of interest.  This “Declaration of Policy” clearly states that “the use of alternate members in such instances[1] is hereby authorized pursuant to the provisions of this chapter.”

 

The alternate member is only authorized under the Code to participate in the absence or non-participation of a full member.

 

2.                    Chapter 38-3 defines Alternate Member as “an individual appointed by the Town Board to serve on the Town’s Planning Board or Zoning Board of Appeals when a regular member is absent or unable to participate on an application or matter before the respective Board as provided herein.”

 

As all regular members of the Planning Board were present on December 21, 2004, the participation by the alternate member in the meeting was unauthorized and, therefore, unlawful.

 

3.                    Chapter 38-4(A) states that “the alternate member would serve when regular members are absent or unable to participate on an application or matter before the respective Board.”

 

As all regular members of the Planning Board were present on December 21, 2004, the participation by the alternate member in the meeting was unauthorized by Chapter 38 or any other statute and was, therefore, unlawful.

 

4.                    Chapter 38-4 (D) states that “The Chairperson ... may designate the alternate member to substitute for a regular member for any application, matter or period of time such member is absent or unable to participate on an application or matter before the Board.  When so designated [and only when so designated], the alternate members shall possess all powers of a regular member of the Board.

 

All regular members were present and participating in the December 21, 2004 Planning Board meeting.  The Vice Chair recused himself for a short portion of the meeting, however, it does not appear that the Chair publicly designated the alternate member to participate as required by law (which would have applied only to the portion of the meeting during which the Vice Chair recused himself).

 

Participation includes asking questions, leading and directing discussions, making motions, voting and taking any other action that is not available to members of the general public audience.  Unless the alternate member has been openly and officially designated by the Planning Board Chair to substitute for an absent or non-participating regular member, the Planning Board alternate has no legal authority or right to participate in any meeting other than those rights normally given to members of the general public.  The authority of law is quite specific and the powers of quasi-judicial bodies such as the Planning Board (and its members, including alternates) are limited to those enumerated by statute.  As the alternate member was not acting as a substitute for a regular member as appointed by the Chair, his participation in the discussion was unlawful to the extent that members of the general public were not also permitted to participate.

 

 

 

Ms. Carney’s assertions related to the participation in the meeting by the Planning Board alternate member were contrary to what the statute establishing and authorizing the alternate member position actually states.  It is clear from statute that the Planning Board alternate is not authorized to participate in a meeting unless a regular member is absent or otherwise unable to participate and the Chair has specifically designated the alternate to participate (this also means that even if a regular member is absent or unable to participate, the alternate member is not authorized to participate unless specifically designated by the Chair).

 

As the participation in a meeting by the alternate member is unlawful unless the specific conditions of Chapter 38 have been met, I respectfully ask you to immediately cease and desist from permitting the alternate member to participate unless the specific conditions of law have been met.

 

Sincerely,

 

 

 

Z. Win

President

 

The Planning Board will conduct a public hearing for a special use permit for two additional budilgins (40x120’ each) to the existing storage facility owned by RV Associates (owned by Planning Board Vice Chair Shane Ricks).  The hearing will be on Tuesday, December 21 at 7pm at the Town Hall in Accord.   If you are unable to attend in person, you may send a letter to Planning Board, PO Box 65, Accord, NY 12404.

[The grand jury met for the first time on these charges on December 9, 2004.  In an interview with the AccordTownCrier on December 6, 2004, Ulster County District Attorney Williams discussed the grand jury process and indicated that he “seriously doubted” that the grand jury investigation would be completed in one day and indicated that charges could be expanded to include official misconduct as the matter related to public officials.  When asked to confirm a widespread rumor that two Republican Town Councilmen contacted him or his office about the case, Mr. Williams said that he did not recall speaking to [those individuals] but said that it is possible that “they may have spoken to me or people in my office.”]

 

The AccordTownCrier obtained the independent auditor’s report of the Town Clerk’s Office revenue procedures dated November 22, 2004 under the NYS Freedom of Information Law.  This reported stated:   

 

                “During our review, we found a number of material weaknesses where procedures in the Town Clerk’s Office were deficient when compared with recommended internal control practices.”

The Town Clerk’s bank account was not reconciled at 10/31/04

                “The Town Clerk did not reconcile assets to liabilities for any of the months under review” [August 2004 to October 2004].

                “The cash transactions for the months of August and October [2004] were not recorded in the cash receipts book until the tenth and twelfth day of the month, respectively, while deposits were recorded at least a week earlier.

                “Three times during October deposit slips were made out and the transactions were recorded in the cash receipts book but no deposits could be found on the bank statement.  Apparently, these funds have never reached the bank” [this is the missing $6,000].

 

The poor cash management and accounting procedures would have made it more difficult to identify missing and/or stolen funds in a timely manner.

12/08/2004

ROCHESTER - Some $6,000 of town funds is missing, said town supervisor Pamela Duke, in addition to the $18,000 shortfall uncovered in October.

The additional shortage was found during an audit of the town's funds conducted by the accounting firm of Bollam, Sheedy, Toraini & Co. of Albany, Duke said. She said the purpose of the most recent audit was to assess the town's accounting procedures and recommend improvements for handling of the town's monies. A report by The New York State Comptroller's office said an audit performed in October found "serious weaknesses in the internal control structure as it relates to moneys collected in the town clerk's office."

All the missing funds are connected with the town's transfer station, said Duke, with deposit slips having been prepared but the money never reaching the bank. The state comptroller's October report indicated transfer station revenues noted on the town clerk's monthly reports did not agree with revenues recorded on the transfer station monthly reports.

Felony charges of falsifying business records and grand larceny were filed in November against Deputy Town Clerk Annette M. Rose, 37, of, Accord, in connection with the earlier audit, Duke said.  (Freeman 12/8/04)

Residents voiced their dissatisfaction with the Rochester Town Board for the procedure it used in reappointing members to the Town’s Planning Board on December 2.  The vocal audience in the public comment period stated that the Town Board’s decision not to interview applicants for the board openings was undemocratic, short-sighted, and not consistent with the Town Board’s practice in previous years.  In response, Councilmen Ron Santosky and Randy Hornbeck said, “that’s the way we’ve always done it” when they tried to defend the action.  They asserted that when incumbents wanted to be reappointed, the members were always automatically reappointed by the Town Board – a fact belied by actual practice (most recently when Zoning Board of Appeals Member Stanley Hudson was not reappointed in 2003). 

 

In order to establish a detailed procedure on filling such vacancies and to avoid future conflict regarding the process, Supervisor Pam Duke submitted a resolution in October 2004 that would have required advertising/posting of such vacancies, solicitation of letters of interest and interviews.  That resolution did not pass when Councilmen Santosky and Hornbeck voted against it.  The positions to be filled included one member of the Planning Board, a member of the Zoning Board of Appeals and one alternate to each body as well as a member of the Board of Assessment Review.

 

Duke expressed her disappointment in the Town Board’s decision not to interview applicants for the Planning Board ; there were no applicants for the other bodies other than the incumbents.  The Planning Board applicants included Beverly Schoonmaker, who retired last year with more than 30 years experience working as the Planning Board and Zoning Board of Appeals secretary; Robert Godwin, a local architect;  Steve Rosakranse, a local business executive;  and Alex Miller, a local realtor with extensive corporate and organizational experience.  In addition to reappointing Planning Board Chair Nadine Carney, who was formerly employed by Medenbach & Eggers a local surveying and engineering firm that represents many applicants before the Planning Board and who is now employed by Brinner & Larios which has been retained by the Town on occasion, David O’Halloran was reappointed as an alternate to that body.  In November 2001, O’Halloran expressed opposition to zoning in general and stated that he was against more detailed standards in subdivions and zoning regulations for wetlands preservation, historic preservation, preservation of open spaces, better commercial design, and preservation of local residential neighborhood qualities in a Rochester Residents Association survey.  In a letter earlier this year, veteran Planning Board member William DeGraw expressed concern about the Planning Board’s activities, stating “Disregard for the Zoning and/or Subdivision Regulations has been the track record of this board,” and cited frequent conflicts of interest.  For a copy of that letter visit, http://www.accord-kerhonkson.com/DeGraw-2-5-04.pdf

 

 

The Town Board also reappointed Bruce Schoonmaker to the Board of Assessment Review and Bea Haugen Depuy and Jim Kingston to the Zoning Board of Appeals as a full member and alternate, respectively.

 

At the same meeting, the Town Board rejected a call by Duke adopt a local law to provide for an escrow account to seek reimbursement of professional fees associated with applications before the Planning Board and the ZBA.  David O’Halloran pointed out that by failing to adopt the law, taxpayers rather than applicants will have to foot the bill for these professional.

 /

The Town Board also approved the 2005 race schedule submitted by Accord Speedway, Inc.  Supervisor Duke reported that a decision on an Article 78 suit by neighbors regarding the issuance of the 2004 permit came down in favor of the Town.

 

The Supervisor also reported that there is no enabling legislation that established the Town of Rochester Youth Commission and that she has asked the attorney for the town to draft a new Town Law that officially creates the commission, which has been operating for several years.  The new law will outline the Commission’s purpose, method of appointment, etc. in a manner similar to other Town commissions.

KERHONKSON - The stepson of Ulster County Medical Examiner Dr. Walter Dobushak was charged with misdemeanor assault and harassment, a violation, Wednesday after attacking Dobushak and Dobushak's wife, state police said.

State police at Ellenville said Benjamin Schwartz, 24, of 130 Krum Road, Kerhonkson, got into an argument with his mother, Harriet Loiseaux, and Dobushak Wednesday night at the family residence on Krum Road.

Schwartz threw Loiseaux onto a couch and punched Dobushak several times, cutting Dobushak's face, police said. Loiseaux and Dobushak were treated at the scene, police said.

Following his arrest at 10 p.m., Schwartz was arraigned at Rochester Town Court and sent to Ulster County Jail in lieu of $1,000 bail.  (Freeman 12/10/04)

At the request of the Town Board, the Historic Preservation Commission of the Town of Rochester has been restored to monthly meetings and to an upgraded level of activity.  Anyone with questions about the history or restoration of their property is invited to make contact with the HPC through this website or by writing to Historic Preservation Commission, Town of Rochester, P.O. Box 65, Accord, NY 12404."

[Editor’s Note:  The Commission meets on the third Monday of each month at Town Hall at 5pm.]

By Ariel Zangla, Freeman staff

12/09/2004

 

AFTER BEING found at Minnewaska State Park and treated for injuries from tangling with a porcupine, a male German shepherd mix dubbed Waska is up for adoption in the town of Rochester.

The female German shepherd mix found with Waska, now called Minna, remains at the Ulster County Society for the Prevention of Cruelty to Animals, where she is being treated for heartworm. After her treatment is completed in about 2{ weeks, Minna most likely will be available for adoption, too, shelter manager Chrissy Curth said.

Waska also was at the SPCA shelter in the town of Ulster, but he since has been returned to Jill Shufeldt, dog control officer for the towns of Rochester, Rosendale, New Paltz and Esopus.

Curth said Waska was depressed at the SPCA's facility and was not happy being around the other dogs. He's been doing much better at Shufeldt's kennel, she said.

Shufeldt said Waska, who is about 7 years old, is doing fine now, loves to be brushed, loves riding in cars and is fine with the other dogs at her kennel, though tending to ignore them.

"If anyone wants a nice, older mellow fellow, he's the one," Shufeldt said.

She said all applicants will be screened, and the only cost for the adoption is a $5 licensing fee.

Anyone interested in adopting Waska should call Shufeldt at (845) 626-5979.

Shufeldt said that before she removed Waska from the SPCA site, she allowed him to say goodbye to Minna.

The dogs were found by hikers in October in the state park, riddled with porcupine quills. Waska had bite marks around his eyes, and Minna had a cut on her leg. Both had collars but no tags, and Shufeldt said no one has claimed them.

"I'm thinking they might have been dumped at this point because nobody's claimed them," Shufeldt said recently, adding that Minna and Waska seemed attached to one another. But Cruth said, "It's hard to find a home for two big dogs like that together."

Curth said Minna is about 4 years old, sweet and loving.

"Really sweet," Curth said. "She's a really loving ... dog."

Curth said Waska, who is laid back, probably should be adopted into a quiet home where he can be on his own.

Accord-Kerhonkson.com is offering free email accounts for not-for-profit organizations in the Town of Rochester and the surrounding area.  Services include list maintenance, automatic forwarding and other features designed for non-profit organizations.  All address will have the  (yourname)@accord-kerhonkson.com format.  For more information, please write to Resident@accord-kerhonkson.com.

 

By Joel Stashenko, Associated Press

 

ALBANY - Two Wisconsin-based Indian tribes have agreed to drop land claims in New York in exchange for permission to operate one casino each in the Catskills, Gov. George Pataki said Tuesday.

The administration said the agreements with the two tribes effectively "extinguish" the tribes' long-standing claims to 250,000 acres of land in Oneida and Madison counties of central New York that the Oneidas contend was improperly purchased from them in the 18th and 19th centuries.

The agreements were reached with the Oneida Tribe of Indians of Wisconsin and the Stockbridge-Munsee Community Band of Mohican Indians.

Cristina Danforth, chairwoman of the Oneida Tribe, said the deal settles the "oldest and largest" land claim in the tribe's history.

"Today we are encouraged that after 200 years of dedicated pursuit of an honorable conclusion to our land claim we are realizing a significant step," Danforth said.

Stockbridge-Munsee President Bob Chicks said it's been more than 200 years since his people were removed from ancestral land in New York. He said the deal with the Pataki administration is "a big step toward redressing that wrong."

The agreements are subject to approval by the state Legislature and federal officials.

Both tribes' ancestors have historic roots in New York state and both were allied with the colonists against the British during the Revolutionary War.

The United States recognizes the Stockbridge-Munsee as the rightful successor in interest to the Mohican Indians, who once occupied lands in New York's Hudson and Champlain valleys.

Joseph Griffo, Oneida County executive, said the land claim on property in the county had to end "for the good of our region."

"A fair, negotiated settlement is the only way this issue can be resolved in our lifetimes," Griffo said.

The settlements bring to four the number of agreements that Pataki has reached with tribes that include authorization to operate casinos in the Catskills. That historical resort area has fallen on hard economic times and in October 2001, Pataki and the state Legislature authorized establishing up to three Indian-run casinos in the region.

Deals have been made with the Cayuga Indian Nation of New York and the Seneca-Cayuga tribe of Oklahoma to also operate casinos, both in Monticello, Sullivan County. A third compact under the 2001 law is expected to go to the Mohawk Indian Nation.

None of the casinos has been built.

In announcing on Monday that he wanted five Indian casinos in the Catskills, not three, Pataki noted he would need approval from the Legislature for the other two.

On Tuesday, Pataki said the Stockbridge-Munsee tribe will operate on a 333-acre site in the Sullivan County town of Thompson. The Oneida Tribe has yet to identify a prospective site for a casino, Pataki said.

Pataki said the additional revenue to the state from the casinos would aid education.

Of the operators of the four existing Native American casinos in New York, the Oneidas of central New York have been the most critical of Pataki's negotiations with tribes from outside the state for casino compacts. The New York Oneidas have been running a $1 million advertising campaign against Pataki's deal with the Seneca-Cayuga.

"All this means is millions more going out of state," said Mark Emery, a spokesman for the Oneida Indian Nation, which owns The Turning Stone Casino resort in Verona, 35 miles east of Syracuse.

"Just as the Oneida Nation predicted, the floodgates are opened and the governor wants more casinos to give out-of-state tribes," Emery said on Tuesday. (Freeman 12/8/04)

Dear Editor:

 

I was dismayed to learn that a further $6,000 is missing from the Rochester Town Clerk's Office.  This is in addition to the $18,000 in missing funds that was stolen during 2003.

 

Under State Law, Town Clerk Veronica Sommer is responsible for collecting fees from residents when they use the transfer station.  All this money is deposited to a bank account that she controls.  At the end of every month, she is responsible for writing a check to the Supervisor for all the money she received and for accounting for that money.  It doesn't appear that she has done this properly because the money seems to go missing when it's in the possession of her office.  Apparently, the records are in such bad shape that we might never know the full amount that is missing and over how long a period.

 

We've seen the Deputy Town Clerk arraigned on felony charges of grand larceny and falsification of business records.  The only way that this could have happened is if the Town Clerk didn't supervise the people and money under her control.  She's been in the job for more than 20 years, so either she is overlooking it or she isn't doing her job.  Why hasn't Town Clerk Veronica Sommer publicly stated that she will cooperate with investigators instead of hiding behind her lawyer.

 

The Supervisor and Town Board are doing the right thing by taking the steps necessary to learn how much money is missing and implementing financial controls over the Town Clerk's Office.  I urge the Town Clerk to open her books to public scrutiny, to cooperate with investigators and to help the Town move past this embarassing and disgraceful episode.

 

Tony Spano

Kerhonkson

 

 

 

Dear Accord TownCrier:

 

    Putting aside the question of whether it is an  appropriate educational exercise to spend taxpayers' money on Hollywood  movies, I think that it is worthwhile for a community to have a genuine  discussion about the issue that the school's visit to the Polar Express  has sparked. It was disappointing to see the vitriolic and mean spirited nature  of the discussion that is reflected

in the recent letters published by you on  this topic.

    Christmas is a wonderful holiday and a wonderful  time of year. It can be a very special time of year, especially for children of  the Christian faith. I think, however, that it is perhaps difficult for  some people to understand how hard it can be to raise children in minority  religious or cultural

environments in a society where one religion  dominates.  Christmas, for good or for bad, has become an  extraordinarily commercial and omnipresent holiday, where songs, and  programs, and commercials, and toys with Christmas themes, and symbols of the  holiday are everywhere and dominate all forms of media during this time of  year. Young children are surrounded by these symbols and those children who  are not of the Christian faith struggle to understand their place and their  identity, to understand why they do not have Christmas trees, why many of their  friends and classmates believe in Santa, and Jesus, and go to church on  Christmas Eve, when their family does not.

    Let's face it, Christmas is a time of year that can  be dazzling to a child, and often non-Christian children have difficulty  understanding why they do not celebrate that holiday in their homes. This is  precisely why public schools are particularly inappropriate institutions to be  sending children to movies whose themes revolve around a particular religious  holiday, and

particularly at a time of year when children are most under the  influence of the dominant religion's celebration of that holiday.

    The need for children to belong and to fit in is  enromous, and it is unfair and objecionable when the school system itself adds  to that pressure. Teachers are symbols of authority for young children,  and teacher's decisions and conduct deeply influence children. By taking  children to forms of entertainment that emphasize the dominate  religion's holiday as part of a collective

school outing, the child of  a minority faith or belief is made to feel the emphasis on one religious  holiday in a way that can be alienating for a child and can engender self-doubt  about the legitimacy of his or her own faith or even absence of a  faith.

        To suggest that themes  surrounding Santa are not religious as one writer does, is simply disingenuous.  Santa is exclusively associated with Christmas, as his historical predecessor  was.

        Moreover, to disagree with  the school's choice in this regard has nothing whatsoever to do with "Christian  bashing" as one writer angrily argues. We all need to be sensitive and tolerant  of each others faiths and beliefs.

All I ask is that the school consider a  little more carefully its choices, and how those choices may affect all of the  children in attendance.

        Of course, if the school is  taking children to movies and programs about all of the world's religions and  beliefs as part of a program to teach children about our differences and to  impart tolerance for all religions and beliefs, that is wonderful. But to  single out one movie with themes only about Christmas, is to make a  specific and exclusive choice about what to expose children to and is  insensitive to the minority of children who are not Christian, but who are sent  the message that celebrating Christmas deserves a particular focus by their  teachers and classmates and by the school as a whole. This is not an  appropriate choice for an institution that is funded by taxpayers,  including those of all different faiths and beliefs, as well as those who

chose not to follow any particular faith.

    Tolerance and understanding of others--potent  holiday themes indeed.

 

    Merry Christmas, Happy Chanukah, Happy Kwanzaa,  Happy New Year.

     MB, Kerhonson, NY

 

Dear Editor,

 

I personally appreciated R.G.'s letter.  We, the community, have a right to know how our children are spending their class time.  When I was a parent at K.E.S., I also had a problem with the children watching Disney movies during school time.  I also see no educational value in taking school children to the movies.  I hear, however,  that the teachers at Kerhonkson did incorporate the movie theme into the curriculum, like reading the book, and making math projects out of Polar Express cereal.

I do not know the movie "Polar Express," so I can not comment on its religious content.  I do know, however, that Christmas has become, in the eyes of many, a secular theme.  Santa, reindeer, and decorated evergreens, however, are part of a tradition which stems from the Christian religion, and is not part of the traditions of other faiths.

What really distresses me however, is the venemous attack on R.G. through your letters to the editor.  People accuse him/her of being an amoral liberal and anti-Christian, the "grinch" himself.  There was nothing of the sort in his/her letter.  S/He brought up a topic for discussion, something s/he thought a matter of concern.  S/He did not attack anyone. Instead of discussing the issue, and perhaps defending the school's choice, people spewed forth with accusation and hatred.  How does that solve the issue.?

This is the season of sharing and giving, and enjoying friends and family, no matter what the faith.  Let's not make enemies of our neighbors.

 

Harriet Koral

Kerhonkson

 

 

 

Hey thanks for writing about our little adventure in the NYT this week.   Of course the best part of everything was  to get a picture of long-time Kerhonkson resident Stella Pugliese (93) in the Paper. To see her face light up when I brought her the paper that morning  and hear her say "oh-my, oh-my, oh-my" just made my heart skip a beat.

 

I guess this is a good time to let you you know that I've been a closet lurker on this list for years. So allow me a few compliments. Love the format and economy of writing. Often sublime, at times it approaches perfection.

 

And to also let you know that I was a bit stunned to see the note about "Dude Ranch David's lawyers, as he sent me a veiled threat after the NYT article after I sent him what I thought was a funny note about his appearance in the paper that I arranged.

 

While it's clear he doesn't have a sense of humor what is less clear are the ethical boundaries he is operating under in his civic roles. A veiled threat to me, a lawyers note to the press. This is nothing short of outrageous.

 

Your voice is an  important one. Please don't allow anyone to squelch it. Please print the letters in big bold large type for no other reason than "Dude Ranch Dave" had the audacity to involve lawyers to attempt to encroach on your constitutional right to free speech is all I'm saying.

 

Harris Silver

Kerhonkson

 

 

 

Notice is hereby given that the Planning Board of the Town of Rochester will hold a public hearing on the 21st day of December 2004, commencing at 7:00 p.m., at the Town Hall, 50 Scenic Drive, Accord, NY, on the following Application: RV Associates, Special Use Permit for 2 additional buildings (40 x 120 each) to existing self storage facility, Mettacahonts Road, Tax Map# 76.2-5-3.110, "B" District. The above noted application and map are open for inspection at the offices of the Planning Board and Town Clerk, Accord, NY. Person wishing to appear at such hearing 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 date to be determined. (Freeman 12/11/04)

A recent review of town records by an independent auditor engaged by the Town Board discovered that bank deposits totaling more than $6,000 were unaccounted for in October 2004.  These missing funds are in addition to the more than $18,000 that the Office of the State Comptroller determined was missing in its audit ending in August 2003.  The missing funds, which consisted of checks and cash, were collected by the Town Clerk’s Office in October 2004 and deposit slips were prepared. The funds were not, however, deposited into the Town Clerk’s bank account.  The Town Board is in the midst of preparing financial procedures to improve the handling of funds in the Town Clerk’s Office, which by law reports to the Town Clerk and is not accountable to the Town Board.  Supervisor Pam Duke said that the Town was in the process of filing an insurance claim for the missing $18,000 and that the claim would probably be expanded to include the $6,000 recently discovered missing; the loss has also been reported to legal authorities.

 

In relation to the $18,000 that was discovered missing by the Comptrollers’ Office, Deputy Town Clerk Annette Rose was arraigned on charges of grand larceny and falsification of business records in late October 2004 and suspended without pay by the Town Clerk on November 4^th.  An investigation by the Ulster County District Attorney’s Office and the NY State Police is continuing and it is unclear if additional people will be charged.

The Rochester Town Board adopted its budget for the 2005 fiscal year at a meeting held on November 18th.  The budget contains a 4.7% increase in the combined tax rate for the Town’s General and Highway Funds.  The average Town tax for a home assessed at $100,000 is expected to increase from approximately $519.21 to $543.64.

 

“In adopting the 2005 budget, the Town Board looked at all costs to see where expenses could be reduced and made cuts in equipment purchases.  Unfortunately, the largest expenditure components are beyond the town’s control,” said Supervisor Pam Duke.  “Health insurance costs rose by more than 66% from last year’s budget, building maintenance expense increased by nearly 110% for new roofs in the Highway Department and the community center and we believed that it was fair to give employees wage increases to keep pace with inflation and to recognize their hard work.” Duke said.  The Town Board also voted to opt for higher deductibles in its employee health insurance plan to reduce the cost of premiums.

 

There were some increases in discretionary spending, which included an additional $15,000 for a new planner (some of which we expect to be reimbursed by applicants), funds for a new website and improved communications with the public, and additional legal expense.  There was also an increase in auditing expense and new financial software programs to address issues raised by a recent audit of the Town conducted by the Office of the State Comptroller.

 

The Town Board also corrected several errors in previous budgets by creating line items for recurring operating expenses that were not provided for in the 2004 budget and by eliminating certain income items that the Town has no reasonable expectation of receiving.

 

The increase in the total assessed value of real estate in the Town increased by approximately $5.7 million over the past year, which increased the Town’s tax base and reduced the individual burden on taxpayers.

 

Supervisor Duke and the Town of Rochester are participating in a task force with other communities and school districts in the Rondout Valley to address the issue of rising property taxes and to examine alternate funding sources for educational and other expenses.

The two dogs found earlier this month at Minnewaska State Park are available for adoption. 

They are now well and available for adoption. They are German Shepherd mixes. One is a blond, female about 4  years old and very sweet. Her name is Minna. The other a male, black and tan,

about 3 years old. His name is Waska. Both wonderful dogs in need of new  families.  The dogs are free for a good home.  Please contact Jill Shufeldt, Town of Rochester Dog Control Officer at 626-5979 for more information.

TOWN OF ROCHESTER - A husband and wife were arrested after the man kicked and bit troopers while the woman attempted to keep police from arresting her husband, police said. Spencer M. Santosky, 25, and Dee M. Santosky, 22, both of Wood Road, Accord, were arrested Monday at about 8 p.m. Spencer Santosky was charged with felony attempted assault, misdemeanor resisting arrest and violation harassment. Dee Santosky was charged with the misdemeanors of obstructing governmental administration and resisting arrest.

Troopers investigating a complaint involving a person who had stood in front of a home shouting obscenities, verbally harassing and threatening a complainant went to the Santosky residence and interviewed Dee Santosky who said she did not know where her husband was. Police said the woman then became uncooperative and refused to give basic information about her husband. Spencer Santosky saw his wife with the troopers from a wooded area and went to assist her, police said, adding that they attempted to arrest him on the harassment charge stemming from the original complaint.

While trying to arrest him, Spencer Santosky kicked a trooper in the chest and bit another, police said. Police added that while the troopers were dealing with Spencer Santosky his wife was physically trying to stop them and interfering.

Both Santoskys were arraigned in Rochester Town Court and sent to Ulster County Jail, Spencer Santosky on $10,000 bail and Dee Santosky on $5,000 bail. (Freeman 12/1/04)

KERHONKSON, N.Y. - It was a tiny advertisement, 3 inches by 3 inches, buried on the bottom of the back page of The Blue Stone Press, a twice-monthly newspaper that serves this economically depressed Catskills town.

 

But the ad, announcing the availability of some long-boarded-up old storefronts on withered-up Main Street, was not the kind that usually shows up in the local paper, soberly promoting vinyl siding and auto-body repair. In tiny type, this one sounded like a little manifesto, written by a postmodern comic. It defiantly described Kerhonkson as a "real town - not like some of the other quaint towns around these parts." Anyone wanting to open a restaurant in one of the storefronts should leave the tofu behind, it warned. "And if you want to open a coffee shop," it continued, "don't make us learn new words for small, medium and large is all we're saying."

 

"Jews, Blacks, Italians (and all others) Welcome," it ended, and then, as if it had not been provocative enough, added, "No Artists or Canadians."

 

After the ad ran in late October , the angry calls immediately began coming into the offices of The Blue Stone Press. The company that placed the ad called itself Kerhonkson General, but it was really placed by Harris Silver, the president of a young New York City advertising agency called Think Tank 3, which has created sleek campaigns for products like Georgi Vodka and several environmentally friendly causes.

 

Mr. Silver, 39, who has owned a weekend house in Kerhonkson for years, got together with some friends recently and bought the three empty stores and some vacant apartments, with dreams of helping to revive the faded town, which has a population of about 1,700 and is probably best known as the onetime home of Clayton Bates, a k a Peg Leg Bates, the one-legged tap dancer.

 

The problem for the rejuvenators was getting attention for their cause. The answer, they concluded, was with the sharp-edged tools of marketing today: sarcasm and biting humor, with a hint of a point, but only enough to keep people guessing at the advertiser's real motives.

 

In an interview, Mr. Silver said he was partly serious about not wanting to see the town, in Ulster County about two hours from New York, become gentrified in a way that he feels many other upstate towns like New Paltz, Kingston and Beacon (not to mention many New York City neighborhoods) have been, in which artists, musicians and other creative types seem to be followed inexorably by antiques stores, overpriced shops, soaring real estate prices and then, of course, a Starbucks. In fact, the ad was largely a swipe at New Paltz, 19 miles away, with its tofu-loving restaurants, hordes of artists, and, now, a Starbucks on Main Street.

 

"We thought we don't really need somebody here who's just going to be putting up paintings on the wall," Mr. Silver said. "We need real businesses. We need people who are going to come here and sell socks and underwear." He added that his intention was to "set this place apart and try to let people know it has its own identity."

 

But he added that mostly, the ad - which also took oblique swipes at wine bars and expensive clothiers - was designed simply to get a rise out of people and to draw attention to itself. And if an art gallery wanted to rent a storefront, he would still probably sign a lease in a New York second.

 

"Obviously, we're not anti-artist or anti-Canadian," he said emphatically, adding, "We just threw in the Canadian thing because we thought it was funny." (Mr. Silver has repeated his "No Artists or Canadians" joke in big posters he has taped to the windows of his storefronts.)

 

But many longtime residents of Kerhonkson didn't find anything funny about the ad, which touched many of the raw nerves of economic-revival efforts upstate, seeming to pit art against commerce, weekenders against locals and urban sensibilities against rural ones. The ad provoked such anger (one caller declared it anti-Semitic, despite the fact that it specifically welcomes Jews) that the newspaper has declined to run it again, at least without some wording changes.

 

David O'Halloran, a longtime resident and owner of the Pine Grove Dude Ranch - a family vacation resort that is one of the area's biggest employers - said "the last thing we need to do is pour gasoline" on the kinds of tensions that constantly arise about how to revive the upstate towns and who gets to decide.

 

Mr. Silver is "the wrong person speaking for the people who've lived here for a long time," he said, and added that, as far as he was concerned, artists and artisans were "the growth industry in our community."

 

"Look at Kingston," he said. "Kingston is alive again because of the artistic growth there."

 

Mr. O'Halloran was not the only one angry. Mr. Silver - who, probably just to be more provocative, says he likes to think of himself the unelected mayor of Kerhonkson - was bombarded with angry e-mail messages, including one from a man who identified himself only as a manual laborer and 20-year Kerhonkson resident.

 

"Do your brothers-in-flannel up here who read these ads realize that your thinly veiled 'Think Tank' is really a N.Y.C.-based ad agency with a slick and pseudo-intellectual Web site peddling freshman philosophy about, among other things, art?" the e-mailer wrote. "Get real, you self-important fakes. I'd be willing to bet you drink fancy coffee drinks every day. In short, you have no authority to speak as one of us, and no business pretending to be from the other side of the tracks."

 

But Mr. Silver has found some local defenders, like Irene Rocha, a former Brooklynite who owns property near Mr. Silver's and thinks someone has to fight the resistance to change in the community. "I think a lot of people are just afraid of the New York City mindset creeping in here," she said. John Whiteman, a New York State crop adviser who has lived in the area since 1986, sees Mr. Silver as an entrepreneur willing to take risks that locals are not taking for the sake of the town.

 

"If people take offense to it," he said of the ad, "well, I think they need to find something in their lives to take up some more of their time."

 

He added, cheerfully: "I was up in Canada this weekend, and I didn't see any major protests going on up there about this."

 

In the end, the moral of the story seems to be that provocative, ironic, New York-style advertising is quite effective, even on the back page of a small, rural paper: Mr. Silver said that two of the storefronts have been rented and there is interest in the third, keeping alive his hope of a brave new Kerhonkson.

 

"This might be the hardest working small-space ad in all of advertising," he said. "In my wildest dreams I never expected anything like this."

 

One of the people interested in renting a storefront is the editor of the local newspaper, Chris Hewitt, who also runs a letterpress business and needs a home for it. But in an e-mail message he sent to Mr. Silver, even he was not quite sure whether he was eligible to participate in the potential rejuvenation of his hometown.

 

"I have to tell you, as a Kerhonkson resident, beer lover, coffee drinker, artist, Canadian, Italian, tofu eater and hard worker," he wrote, "I'm a little confused about whether I qualify or not."  (N Y Times 11/29/04)

"Sodom," penned in the mid-1670s, has been attributed to John Wilmot, the second Earl of Rochester and is described by auction house Sotheby's as a "closet drama rather than for the stage" with pornography "in almost every line."

"We believe this is the first printed pornography in English literature, a unique copy of the quintessence of debauchery," said Peter Beal, Sotheby's book specialist.

"It is one of the most notorious publications in literature and makes most pornography written 300 years later seem tame."

The book centers on the decision made by a lustful King to "set the nation free" by allowing "buggary" to be "used thro' all the land" and then details the dire consequences.

The book, the only surviving copy, will be auctioned on Dec. 16.  (CNN 11/26/04)

 [Editor’s Note:  The Town of Rochester is believed to have been named for the second Earl of Rochester.  The title became extinct upon his death at the age of 33 in 1680.]

KERHONKSON - A Kerhonkson man was arrested at his home this week on charges he deserted from the military, state police said. Michael P. Phillips, age unavailable, of 28 Cherrytown Road, was arrested Wednesday on a federal felony charge of military desertion.

State police at Ellenville said Phillips called troopers to report a burglary when, during a standard background check, they discovered he had deserted from the U.S. Army on June 5, 1991.

Police said Phillips was taken to Ulster County Jail without bail, then turned over to Army officials from Fort Hamilton, Brooklyn.  (Freeman 12/4/04)

People who could use a breather during the hectic holiday season have a chance to spend some quiet moments vicariously on retreat with Accord author Barbara Bash through her new book, "True Nature: An Illustrated Journal of Four Seasons in Solitude." It is published by Shambhala Publications.

Bash intertwines journal notes and water-color-and-pencil drawings taking readers along as she spies natural entities ranging from orange newts rustling in fallen leaves to a thistle that has released its seeds that are attached to fluffy filaments.

The subject matter is not new to Bash, who has written and illustrated several prize-winning books on wildlife and natural history. Neither is her calligraphic approach. She teaches calligraphy and field-sketching workshops throughout the United States.

Bash is married to Steve Gorn, a noted player of the bamboo flute. They have one child, 14-year-old Wiley.

Upcoming dates for book readings, in which Bash also draws images from her book, are: 3 p.m. Jan. 29 at Barnes & Noble, 1177 Ulster Ave., in the town of Ulster; and 2 p.m. Feb. 26 at Mohonk Preserve Visitors Center 3197 Route 44/55 in Gardiner. (Freeman 12/6/04)

Letter to Members of the Rochester Residents Association from Rochester Food Pantry

 

November 17, 2004

Dear Association Members:

 

Because you have been dedicated supporters of the Rochester Food Pantry, the Board thought you might be interested in a progress report about the work you’ve made it possible for us to do in the Town of Rochester.

 

As you may know, the Food Pantry was incorporated in May 1992, for the simple purpose of providing free emergency supplies of food to anyone in the Town who calls our hotline number to ask for our assistance.  We’ve had a number of homes in these years: the Rochester Reformed Church, the Accord Post Office and a room at the Rochester Fire House in Accord.

 

In our first full year, 1993, we provide three days’ worth of three meals a day for individuals and families.  Our records show that, in our first year, we assisted 241 families; 945 children, adults and seniors; with a total of 8,505 meals.

 

In the past five years, 1998-2003, the Food Pantry volunteers have been able to increase our effort to provide four days’ worth of three meals a day.  During this period, we, together, made food available for 2,408 families, 7,141 children, adults and seniors; a total of 81,553 meals – with only 20 people [volunteers] to do the work.

 

We are proud of the work of our volunteer bag packers and food shoppers, as well as of the many people like you who have donated food and/or money.  We believe that together we represent the best a community can achieve, caring for all our neighbors and helping those who ask for our assistance as they strive to get through hard times. 

 

Please know that we could not have undertaken this great effort without your support, nor can we continue to provide emergency food for people in need without the knowledge that we have the backing of our Rochester community.  This letter is sent in deep appreciate of your help.

 

Sincerely,

Wilma deJager

Chairperson of the Board

Rochester Food Pantry

 

[Tax-deductible contributions, made payable to “Rochester Food Pantry” can be mailed to: Rochester Food Pantry, PO Box 12, 12404.  Volunteer assistance to pack and distribute food at the pantry is always welcomed.  For further information, please call 626-7501 to leave a message for Wilma deJager.  Your neighbors will appreciate it.]

 

 

 

We received the following email on November 29^th.

 

September 29, 2004 (sic)

 

Accord Town Crier

Rochester Resident’s Association

 

Re: Emails sent by David O’Halloran

 

Dear Sir/Madam:

 

I am an attorney representing David O’Halloran. I am advised by Mr. O’ Halloran that there has been an exchange of emails on November 25 to 27 regarding the Town Planning Board and the Zoning Board of Appeals that may be the subject of future publication. I am writing to advise that the contents of Mr. O’ Halloran’s emails are not available for publication as Mr. O’Halloran did

not make them in a public forum and expressly indicated that you could not make his comments public. Mr. O’Halloran has reserved his right to keep his comments private and any publication of those comments will be treated as a serious violation by Mr. O’Halloran who is committed to taking whatever legal action is necessary to protect the rights that he has expressly reserved.

 

If your publication seeks public comment by Mr. O’Halloran, he is available for interview so long as any interview is expressly “on-the-record.” He is also available to answer questions by email, again, so long as the exchange is expressly “on-the-record.” I am sure that this will provide a suitable opportunity for you to solicit Mr. O’Halloran’s views on town matters.

 

If you have any questions, please feel free to contact my office.

 

Very truly yours,

Anthony McGinty, Esq.

McGinty &McGinty

PO Box 354

Rosendale, NY 12472

845/658-7145

 

 

Editor Responds

With absolutely no obligation to comply with Mr. McGinty’s or Mr. O’Halloran’s request, we have decided not to publish Mr. O’Halloran’s original unsolicited correspondence

 

Dear Editor:

 

This is a response to a letter posted by  R.G. of Kerhonkson who  complained about the Kerhonkson Elementary School taking a field trip to see the  movie "The Polar Express".  This person who jumps on the Christian bashing  band wagon doesn't identify themselves but insists that this trip is a violation  of the separation of Church and state.  I am part of a growing number of Christians who are getting sick and tired of those with a liberal  perspective making Christianity out to be a negative  thing.  First of all, the original intent of separation of Church and state  was to prevent the government from instituting one religion and forcing all to  worship according to that religion.  It was not intended to bar religion  from public forums.  Secondly, if R.G. has

seen the movie they would  know that the movie is about Santa Claus, not the birth of Jesus, therefore, it  is not a religious movie but a secular one. Contrary to popular opinion,  Christmas is about Christ not Santa.  Finally, as far as the trip being  offensive to religious minorities, I find it offensive that a child I know of  primary school age has come home from school with coloring

dittos of the  religious symbols of various other religions and the symbol used to represent  Christmas was a Santa.  However, I never heard any complaints about that.  Why is it acceptable to expose the children of the taxpayers to the religious  symbols of other religions but not of Christianity?  Christians pay school  taxes just like everyone else.  I think it's about time that

those who  are demanding tolerance of different religions practice what they preach and  start practicing a little bit of tolerance towards the Christian religions as  well.  I am sure the school required the parents to sign a permission slip  so anyone who didn't want their child exposed to this movie simply had to  refrain from signing the slip.

 

Denise Naccarato

Accord

 

 

Dear Editor

 

Reply to RG of Kerhonkson

 

As a teacher of elementary school children, I thought the choice of "Polar Express" to be an excellent choice of a movie for the children,  as it is a fine

choice of a book to read to children - one which I read to my first graders each year at Christmas.

 

Perhaps you wanted them to see "How the Grinch Stole Christmas".  It might remind the children of some people they might know in Kerhonkson.  I know it

reminded me immediately of you!!!

                                            DM of Kerhonkson

P.S. Have a Happy Holiday!

 

 

 

To the Editor,

 

Responding to prior e-mails to Editor, I'm just a skeptic hanging onto a life of successful failures like a Gunk climber.  The need to publicly express thoughts is only to sweep the path before my children, leaving their future attended, as it were.

 

Obviously R.G. has no kids in this school system and borrows from the prevalent victim-logy to imitate Scrooge and bad mouth's the P.T.A. because it was going to take children to see the 'Polar Express' movie.  I too can protest against the union controlled P.T.A. but there's not much you can say against a PG movie other then it's boring.  I assume R.G. is both an atheist

and an anarchist, a well rounded liberal, because R.G. won't say a word about the school sneaking the kids off to a homosexual love fest in New York City.    R.G. thinks perversion is a civil right; I believe it is a sexual enjoyment and should receive a entertainment rating, not an inclusion into the Constitution.  R.G. thinks that to expose the children to the art of

'giving and receiving' is bad and reeks of Christian morals, I think so what, it could be worse, it could be the R.G.'s clone world of controlled violence, throwaway babies, and ultimately no morals or values at all.

 

And I'd like to respond Gene Moncrief's complaint that winners need to get over it. Not I.  I want to see the President throw a knockout punch every week for the next four years.  Go Bush!   For forty years Democrats influenced and ruled until they backed a slick pathological liar with a

compulsive sexual disorder.  Bill Clinton even had the computer revolution supporting him, but he ruined that too.  So now Karma demands more then bitterness, hatred, and ill manners.  For forty years the Democrats never included Republicans, even though they were a main influence behind civil rights.  The Democrats lied about them, curse them and even rewrote history

to exclude them.  Democrats spite onto the world the images that Republicans are warmongering, racists, homophobes, so is it any wonder that now global mimicking malcontents throw that garbage back.    Democrats have yet to experience humility and will have to join the Republicans' inclusive tent to get things done.

 

This past election proves that people still rule.   Liberals call the voters dumb and stupid only because they remain outside of their political influence.  I call those voters; angels of enlightenment.

 

The math of feel good division which shows a Democratic 'control' over this Valley means absolutely nothing, except an idiotic worship of politics. Politicians have become transparent and this Valley tilted Liberal because frighten pueblo-types fled the city and dragged their matching collective agendas along.  At the same time Conservative middle class left this area because of the Superintendent's love of money.  One doesn't have to be blind to see that the local Democratic rise is but a burp.

 

Math is not the lesson Democrats have to learn.  If they want to survive as a party they got to listen to Puff Daddy, because he's got the best idea of why they failed.  Progressives excuse all shortcomings that pertain to themselves and hope the worst for others outside their clique.  Progressives work from a philosophy of fear mongering and can only speak over their

opponents or shout feel-good mantras into the wind.   Progressives hold the Republicans to a higher standard then themselves.   I wouldn't believe a Liberal again, no matter what you called them.   It's more then politics, it's the dumb brainwashing.  So address this Gene Moncrief, although I suspect you won't.  You'll spin the spin and pray to Mother Clinton and I

don't have to waste capital gloating, I got you babe.

 

Bill Dukas

Kerhonkson, NY

BUILDING INSPECTOR- Town of Rochester. Salary $11.65-$13.94/hr. Send resume to: Pam Duke, Supervisor, PO Box 65, Accord 12404. (Freeman 11/28/04)

 

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Notice of Complete Application Date: 11/12/2004 Applicant: MILTON MAKOWSKY Facility: MAKOWSKYS COTTAGE COLONY 274 ROCK HILL RD. ROCHESTER, NY Application ID: 3-5144-00058/00001 Permit(s) Applied for: 1-Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES Project is located: in ROCHESTER in ULSTER COUNTY Project Description: The Department of Environmental Conservation (DEC) has received an application to re-issue the following EPA minor Private/Commercial/Instituional State Pollutant Discharge Elimination System (P/C/I SPDES) permit. DEC has made a tentative determination to re-issue this permit for a five year term maintaining current effluent limitations and monitoring and reporting requirements. This permit involves the surface discharge of up to 19,800 gallons per day of treated sanitary waste to a Coxing Kill tributary. Additional information on this permit may be requested from or inspected at the NYSDEC Central Office in Albany. Substantive comments must be submitted in writing to the contact person. SPDES #: NY 021 9754 State Environmental Quality Review (SEQR) Determination Project is not subject to SEQR because it is a Type II action. SEQR Lead Agency None Designated State Historic Preservation Act (SHPA) Determination The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations. Availability For Public Comment Comments on this project must be submitted in writing to the Contact Person no later than 12/24/2004 Contact Person ANDREA L SHEERAN NYSDEC 625 BROADWAY ALBANY, NY 12233 (518) 402-9167 (Freeman 11/27/04)

An election for the Accord Fire District’s Board of Fire Commissioners will take place on Tuesday, December 14, 2004 from 6pm to 9pm in the evening at two fire station locations.  All registered voters are invited to attend.  Voters will select one new commissioner for a five year term.  For the first time, absentee ballots will be available for those who are unable to vote in person.  Please contact the Accord Fire District Secretary at 626-3707 or download a form at www.accord-kerhonkson.com

 

The Fire District will be replacing a large amount of equipment over the next few years as the equipment reaches the end of its statutory-usable life. The Board of Fire Commissioners is responsible for planning and budgeting as well as legal compliance and administration for the three fire stations in the Town of Rochester.

 

Letters of intent from people who are interested in serving on the Zoning Board of Appeals and the Planning Board should be turned in by December 2^nd.  The Town Board did not approve a recent resolution introduced by Supervisor Pam Duke to create a written procedure for filling such vacancies when terms expire, however, we encourage anyone who is interested to apply nevertheless.  The boards are appointed by the Town Board. 

 

There are two positions on the Planning Board; one a seven year seat now filled by current Chair Nadine Carney (employed by engineering firm Brinner and Larios), the other is a two-year appointment as an alternate member, now filled by developer and Pine Grove Resort manager David O’Halloran.  The Planning Board is an independent body (that does not report to the Town Board), that is responsible for the issuance of certain types of building permits, subdivisions, and review of certain types of building and developments.  The Town Board recently hired a planning firm to assist the Planning Board in complying with law and the State Environmental Review process, which the Planning Board has criticized in recent years for not following.  The Board generally meets once per month (although sometimes more frequently) on Tuesday nights for about three hours.  Members are required to undergo training sessions (at the Town’s expense), and members currently receive a stipend of $50 per month.  Members are also required to adhere to the Town’s new ethics law, which was adopted last month.

 

There are also two positions on the Zoning Board of Appeals, a five year seat now filled by Chair Marijane Knudsen, and a two year alternate position filled by Jim Kingston. The ZBA reviews appeals and variance requests filed by residents.

 

Letters should be sent to the Town Board c/o Supervisor Pam Duke, PO Box 65, Accord, NY 12404 or by fax to 845-626-3702 or email to: Pamdreal@aol.com.  If you have any questions on these positions, also please feel free to email: AccordTownCrier@aol.com

Resident Todd Bivonia presented the Planning Board with plans to construct a 72,000 square foot rental storage unit facility on Route 209 in Accord, across the road from CJ’s Automotive.  The facility, which would be one of the largest buildings in the Town of Rochester, is more than twice the size of the recently approved roller skating and family entertainment center that recently received site plan approval for the corner of Route 209 and Mettacahonts Road (that corner was formerly occupied by an abandoned apartment building).  The Planning Board did not take any definitive action on Bivonia’s plans at the most recent Planning Board meeting, however, the Planning Board did give approval for expansion of Rondout Valley Self Storage, a facility owned by Planning Board Vice Chair Shane Ricks. 

 

[Editor’s Note:  In the early 1990s, the then-Town Supervisor was convicted by Federal authorities of accepting bribes  in exchange for allowing hazardous material from NYC to be dropped off in our town’s landfill; now it appears that town residents are being asked repeatedly to store other towns’ unwanted belongings.  In the past few years, the Planning Board has approved plans to create three new self-storage facilities, including two that were owned by Planning Board members or their relatives.  All of these are on Route 209, part of the recently enacted Shawangunk Scenic ByWay.  We invite to you contact Planning Board Chair Nadine Carney, PO Box 65, Accord, NY 12404 to express your thoughts.]

By Jesse J. Smith, Freeman staff

Two weeks after undergoing a risky liver transplant procedure, Ulster County restaurateurs Ellen Peters and Jolene Ellsworth are expected to make a slow and painful but full recovery.

On Nov. 2, the two women checked into Westchester Medical Center, where Peters, who owns Ivan's Restaurant at the Rondout Golf Club, donated about 65 percent of her liver to Ellsworth, the owner of Zachary's Place in Rosendale, who suffers from Hepatitis C contracted during a blood transfusion.

"Every day is a struggle, but I'm getting there," said Peters, who must undergo a second operation because of complications with the first procedure. "The pain is about what I anticipated. There haven't really been any surprises."

Peters is house-bound and resting as she waits for the missing section of her liver to grow back, a process that is expected to take three to four months.

"I get very tired," she said. "I wash a couple of dishes and then I'm on my back for a couple of hours."

Ellsworth, meanwhile, is recuperating at home and undergoing a drug treatment regimen to prevent her body from rejecting the transplanted liver tissue. Twice a week, she must travel to Westchester Medical Center for follow-up treatment, said her husband, Steve Ellsworth.

Steve Ellsworth said he expects his wife to be back on her feet within the next three months.

"She's doing well, but she's in a lot of pain," he said. "The anti-rejection drugs suppress her immune system, so she can catch anything real easy. So we don't have a lot of visitors, and when we do, they have to wear a mask."

The women were just casual acquaintances earlier this year when Peters heard about Ellsworth's illness and volunteered for the surgery. Now, they speak on the phone several times a day but have not seen each other since the procedure.

In the months prior to the surgery, friends and family of the women raised thousands of dollars to help pay for Peters' surgery, which was not covered by insurance, as well as to help support her during the recovery period.

A liver transplant is a relatively new procedure that carries greater risks to both donors and recipients than kidney transplants, a more common procedure that also may incorporate living donors. Both women were advised that there was a one in 200 chance they would not survive the surgery and recovery.

"I think it's just amazing," said Steve Ellsworth. " Its amazing that they can do (a liver transplant) and it's even more amazing that someone like Ellen would step up to the tee and do it. That takes a very special person."  (Freeman 11/16/04)

The two dogs found earlier this month at Minnewaska State Park are available for adoption. 

They are now well and up  for adoption. They are German Shepherd mixes. One is a blond, female about 4  years old and very sweet. Her name is Minna. The other a male, black and tan,

about 3 years old. His name is Waska. Both wonderful dogs in need of new  families  The dogs are free for a good home.  Please contact Jill Shufeldt, Town of Rochester Dog Control Officer at 626-5979 for more information. 

A new film, “The Lilac Papers,” featuring Accord resident Stephanie Braxton, will air on Manhattan Neighborhood Network (MNN),  It will be shown on Time Warner Cable in New York City on channel 34. Wednesday  12/8/04   10:00PM; Sunday     12/12/04   9:00PM; Thrusday   12/16/04   9:30PM.  The film was an official selection of the 2004 New York International Independent Film and Video Festival.  You can view the trailer at www.lilacpapers.com

By Hallie Arnold, Freeman staff

 

KINGSTON - For the second time in two months, the completion date for the much-delayed Ulster County Law Enforcement Center has been pushed back by the construction management firm overseeing the project.

In a letter to county officials, Dick White of Bovis Lend Lease said the Albert Street facility won't be ready to accept prisoners until Aug. 12, 2005 - two months later than the June 7 completion date announced in October and 16 months later than the original target date of April 2004.

But even the August 2005 target seems tentative, according to White's letter to county Legislature Majority Leader Michael Stock, who chairs the Law Enforcement Center Project Committee.

"On a note of caution, please note that although the dates below represent the latest updates provided by the primes (prime contractors), most of them are very leery of committing to these dates and it is anticipated that we will have a very long battle to keep the project on the current schedule," White wrote.

He also said in the letter that manpower for some of the prime contractors is "very light" and that contractors on site "continue to balk" at adding employees and work hours.

According to the most recent schedule, the building will be fully enclosed by Dec. 10; roughly 95 percent complete by June 10; have all systems complete, tested and approved by the state Commission on Corrections by Aug. 10; and be ready to accept inmates from the current jail on nearby Golden Hill on Aug. 12.

But some members of the Law Enforcement Center Project Committee doubt the Aug. 12 forecast.

"They haven't met any date they've given us to date, so how can we be confident in this?" asked Peter Kraft, D-Glenford.

The new Law Enforcement Center, which will house the jail and the Ulster County Sheriff's Office, originally was to cost $71.8 million but could cost up to $21 million more: $4.7 million to complete construction and the remainder to settle claims and cover related legal fees.  (Excerpted from Freeman 11/24/04)

www.hhvrtowers.com/jail.htm

Jail Contest

Object: Guess the date that the first prisoner takes up residence at the new Ulster County Law Enforcement Center. Also, guess the amount the new center will cost.

Prize: $100.00

Entries must guess a date when the first prisoner moves into the Center between Jan 1, 2005 and Dec 31, 2005 and mailed to Kingston Community Radio with a postmark no later than 12/31/2004. If the jail opens after 12/31/05 an entries for 12/31/05 will be qualify to be a winner.

In case of ties the entry with the closest dollar amount will be the winner. If there is still a tie a random drawing will be made from the winning entries. In the case where no one selects the correct date the entry(s) with the closest date will qualify to be the winner(s) provided that the closest date is not after the Center's opening.  In determining the cost for the Center it will be the amount listed in the Daily Freeman or Kingston Times closest to the opening date. If differing amounts are published they will be averaged to determine a valid amount.

Mail your guess to Jail Contest, KCR, 82 John St. Kingston, NY 12401

Write on the front of the envelope your guess of the opening date and the cost for the Center.

Only one entry per person.

Dear Editor:

 

Here is a piece of local news that merits some discussion .  The Kerhonkson Elementary School is going on a trip to see the movie The Polar Express.  This is a Christmas movie.  It is not a part of the curriculum nor does it meet the Learning Standards set by New York State.  The trip  will  take place on school time and be chaperoned by taxpayer paid school employees.  This constitutes a serious violation of church and state and may be viewed as offensive to religious minorities and others in the school community who do not celebrate Christmas.  This is a public school supported by taxpayer dollars.  Surely the PTA and school could have aponsored a more educationally appropriate trip.

 

R. G.

Kerhonkson

 

 

To the Editor

 

I was saddened by the combative tone of Arthur Hoell's letter "Politics Happen."   I'm sorry that he doesn't want to hear any more "contrived, venomous propaganda" and that he told those who supported Kerry to "Get over it, you lost."  I'd like to say, "Get over it, you won."

 

The fact is, nationally, more people voted against George Bush than any other sitting president ever.  Ulster County voted for Kerry by a strong 54% to 43% margin and in the only county-wide race, Judge Mary Work was elected by an 11,000 vote margin.   Democrats are alive and well in Ulster County, surpassing the number of registered Republicans for the first time in history.  On Nov. 21st, more than 25 people in Accord gathered for an internet conference call and joined more than 20,000 people at nearly 1,500 locations across the country to regroup and to find ways to continue to support progressive candidates and beliefs.

 

The elections ARE over.  But let's not lose track of the fact that we all live in a great country TOGETHER.  We have four years to work together and to help each other.  We can't do it without you, and you can't do it without us.  So please let's all look for opportunities to listen to one another and collaboratively develop our governing strategies.  We have a huge challenge

ahead of us just to get past our emotions and bring people from all sides back to a common conversation.  That has to happen locally and nationally.

 

I invite anyone who would like to help or initiate dialog to email me at RochesterDems@aol.com.  How 'bout it, Mr. Hoell?

 

Gene Moncrief

Accord

 

 

Dear Editor:

The possibility of shifting the means by which education is funded from property tax to some form of income tax has been a major topic of discussion in communities throughout New York State. The barriers and special interest groups aligned against such a shift are formidable; nevertheless, it's an idea whose time has definitely come.

 

Why? Because home owners throughout the state are being crushed by an ever increasing State and Federal reliance on property tax as a means of financing not only education, but a whole host of government services. The problem is that this is a highly regressive form of taxation, falling most heavily on those who can least afford it, namely those on fixed incomes and the individuals and working families whose incomes have not kept pace with the cost of living.

 

Only so much can be done at the Town level. As a Town supervisor I am responsible for municipal finances, so I've worked to ensure that we've done everything possible on the local level to help mitigate these increases and lower taxes.  Despite this, our school and county taxes

continue to increase in the double-digits, more than canceling out any savings.

As I mentioned, the forces aligned against a statewide shift to funding by means of a more progressive income-based tax are formidable. They include both the "big money" interests that hold sway over the legislature, and other special interest groups that do not want to lose

direct control over the funding process.  This situation is exacerbated by the complacency, unwillingness to act, and lack of vision of many Albany politicians who would rather not rock the boat. The problem with not rocking the boat is that it fails one of the fundamental tenets of effective leadership: effective leaders act boldly to challenge the status quo and produce positive change. It is noteworthy that both of our local representatives, Senator John Bonacic and Assemblyman Kevin Cahill support changing the system.

 

Several months ago, here in Marbletown, we organized a non-partisan Property Tax Reform Task Force. The Task Force has since been expanded to include official representatives from the Towns of Rochester, Wawarsing and Rosendale. Part of the Task Force's mission is to network

with 900 + towns throughout the state, to lobby Albany for a shift away from property tax as the primary means for funding education. I would like to commend the work of the Task Force as well as invite anyone who is interested in this effort to get involved by volunteering. The stakes

couldn't be higher, because a regressive vs. progressive tax-base affects all of us. Help us to protect those on fixed incomes, the American Dream of home ownership and quality education for all New Yorkers.

 

Vincent C. Martello, Supervisor

Town of Marbletown

 

 

Rochester town audit
I would like to clarify the facts surrounding the audit of the Town of Rochester by the Office of the State Comptroller.
OSC representatives met with the Town Board in March, three months after I took office. They reported serious deficiencies in the records of the town clerk's office in 2003 and contacted the district attorney's office for investigation. We didn't receive a copy of the report and were instructed not to pursue any investigation or audit of our own pending the outcome of the investigation. Accordingly, we were unable to address the specific problems raised. I did, however, draft financial and record-keeping procedures and contacted our accountants to seek advice on how to strengthen financial procedures in the town.
We received the comptroller's report on Oct. 13. With the specifics of that report, I will recommend stringent financial procedures to ensure that public funds are properly accounted for. In addition, I will recommend that the town's books be further audited.
Contrary to what the Record article states, I and the employees in my office have, and will continue to, cooperate fully with any investigation.
Pam Duke
Supervisor, Town of Rochester

(TH Record 11/5/04)

 

To the Editor,

Why should anybody attend school board meetings, they’re embarrassingly anti community and behave like a fiefdom unto itself.  Last year they mislead with an A.B.C. school budget sham,  the truth came out a month or so later when elected antagonists sucked out of taxpayer pockets, three million more. According to them; There was no moment to lose, the terrorists were reaching

the door jams and a investigated short-fall needed to be hidden.  But instead of presenting an honest budget in the first place they elected to be sneaky.  A,B,C & D.

 

It seems the constant reappraisal of property value to increase taxes is not enough, so now hired tax paid guns search for hidden emotional hooks to get deeper into the taxpayer’s pocket.   Scornful elitists chant, “It’s for the children,” during holistic finger dipping séances. I see no Abe, George or Martha upon any school wall, instead Ben and Jerry’s pint size sayings dangle rudely before the children’s eyes.   The school’s prevalent elitist philosophy and the homosexual agenda share the approach of Seductive Indoctrination.  The school is already entrusted with the kid’s

mind and if they get away with imprinting and exploiting the kid’s sexual desires then there’s nothing left that the kid can claim as personal and the domination of that child’s (political) future becomes a reachable goal. Instead of the equality of melting pot ideology,  the elitist now fill the

young mind with global dreams of multi-cultural-isms.  This approach is based on political division and ultimately rots a society’s roots, just ask the Dutch of Holland, or the Queasy of Canada.

 

Genetically most boys are born masculine; girls inherit nurturing, different yet equal.  Those traits should be encouraged.  School employees must notify parents at budget time: A review of all the coming year’s planned trips and a review of all new indoctrination techniques.

 

Taking the children for granted assumes too much.  The kids already are the first to be used, the first to be abused, slave labor to a system without pay or choice.  The children, for twelve precious formative years, must report daily to a muddled institution that at best, can only teach the art of mimicry.    We’d all be monkeys on a rock if it wasn’t for the concept of God.

 

Taking parents for granted is arrogant.  This district has an overabundance of administrators, more then enough teachers,  a fleet of go-for assistants, and a fixation on construction by a Superintendent who doesn’t know what a chalking gun looks like and uses the budget as a purse.

The budget must be made transparent to us all.  Not ‘pie in the sky’ but a direct transparency checks against corruption.

A child’s future is grateful for the discipline contained within testing. Testing actually reflects caring.  Testing is something we had in the past, only recently do-gooders took tests away.  Now they charge taxpayers extra to bring tests back.

 

The Superintendent should be sent out to pasture before more big buck spending occurs.  Vote no to all budgets until she’s replaced.  There’s enough automatic increase decreed  by the State each year, so, don’t be afraid to continuously vote no until Rondout gets another Superintendent,

one with talent and sensibilities.    It’s not enough to seek personal abundance and surround oneself with ingratiating employees and servitude neighbors.        

 

Bill Dukas

Kerhonkson NY.

 

Notice of Formation of Blue Dragon Capital Management, LLC. Art. of Org. filed with NY Sec. of State (SSNY) on 9/13/04. LLC is located in Ulster County. SSNY designated as agent of LLC upon whom process may be served. SSNY shall mail copy of process to 86 Dug Rd., Accord, NY 12404. LLC has no registered agent and shall have perpetual duration. Its purpose is to engage in any lawful act or activity. (Freeman 11/13/04)

 

LEGAL NOTICE ANNUAL ELECTION OF THE ACCORD FIRE DISTRICT On December 14, 2004 NOTICE IS HEREBY GIVEN that the Annual Election of the Accord Fire District will take place on December 14, 2004 between the hours of 6:00 p.m. and 9:00 p.m. at the following locations: Accord Fire District Headquarters at the Accord Fire House, located at 22 Main Street, Accord, NY 12404 and the Rochester Company #2 Fire House, located at 922 Sampsonville Road, Kerhonkson, NY 12446, for the purpose of electing one Commissioner for a five (5) year term, commencing January 1, 2005 and ending December 31, 2009. All voters registered with the Ulster County Board of Elections on or before November 23, 2004 shall be eligible to vote. Applications for Absentee Ballots are available by contacting the District Secretary in writing, no later than December 7, 2004 or by walk-in, including by proxy, during regular office hours of 1pm-4pm on November 22 & 29, December 6 & 13, 2004 at the Accord Fire District Headquarters, located at 22 Main Street, Accord, NY 12404. Candidates for Fire Commissioner shall file a letter, requesting that their names be added to the ballot, with the Secretary of the Accord Fire District, at 22 Main Street, Accord, New York 12404, no later than November 24, 2004. Dated: November 17, 2004 Lori Kazmarick, Secretary BOARD OF FIRE COMMISSIONERS ACCORD FIRE DISTRICT (Freeman 11/17/04)

Legal Notice Please Take Notice that the Town of Rochester Town Board will hold a public hearing on December 2, 2004 at 7:00 p.m. at the Town Hall regarding a proposed local law establishing an escrow account for the purposes of a planner. The Town Board Meeting will immediately follow. By Order of the Town Board Veronica I. Sommer Town Clerk/ Tax Collector/ RMC (Freeman 11/20/04)

The Town Board

·         Announced that Deputy Town Clerk Annette Rose had been suspended without pay by the Town Clerk.  Ms. Rose was recently arraigned on felony grand larceny and falsification of business documents related to the theft of $18,000 from the Town Clerk’s Office. 

·         Adopted a new trailer park law, establishing minimum set backs, lot sizes and limiting new trailer parks to county and state roads.

·         Retained consulting planner, Chazen Engineering and Land Surveying,  to review subdevelopments and other building projects in town. 

·         Adopted a new check only policy effective December 1, 2004.  All checks must be made payable to the “Town of Rochester” for all transactions.  No cash will be accepted anywhere other than at the Town Clerk’s Office.

·         Appointed Lucille Ebert to the Town’s Environmental Conservation Commission.

·         Decided not to pursue acquisition of privately owned Lucas Estates Water Company due to excessive costs.

ROCHESTER - Felony charges were filed against a Rochester deputy town clerk stemming from the theft of over $1,000 from the town.

Advertisement

Annette M. Rose, 37, of Queens Highway, Accord, was charged Wednesday with falsifying business records and grand larceny, both felonies.

Rose is charged with stealing $1,158 from the town by falsifying business records to hide the amount taken, state police at Middletown said. Police said Rose made an Ellenville National Bank deposit ticket for the town clerk's bank account on July 1, 2003 that stated a revenue of $42 in checks and $1,158 in cash received from the A&M Hardware store for sales of transfer station punch cards. Police said the deposit actually consisted of $1,200 in checks, of which $1,158 was punch card revenue.

The charges were the result of an investigation by state police and the Ulster County District Attorney's Office following an audit by the state Comptroller's Office that revealed approximately $18,000 in fees and transfer station permits and punch cards missing from town coffers. The Comptroller's report said the audit found "serious weaknesses in the internal control structure as it relates to moneys collected in the Town Clerk's Office." Specifically, the auditors found $18,282 unaccounted for, all but $115 of it related to the sale of transfer station permits and punch cards.

In one instance, the auditors tallied the receipts of two local convenience stores and a hardware store that sold the punch cards to town residents to dispose of bags of trash at the town transfer station. In the period of the audit, which covered January 1 through Aug. 26, 2003, the three stores reported selling $21,300 in punch cards. However, only $12,745 was deposited, according to town records, leaving $8,555 unaccounted for, the audit report said. [For a copy of the Comptroller’s audit, visit

www.osc.state.ny.us/localgov/muni/audits/2004/towns/rochester.htm. (Daily Freeman 10/20/04)

 

In a press release Wednesday, Ulster County District Attorney Donald Williams said a grand jury would be convened this month to hear additional evidence concerning allegations of wrongdoing by members of the Town Clerk's Office.

Rose was scheduled to be arraigned in Rochester Town Court on Wednesday night, Williams said.  (Freeman 11/4/04)

 

 
Deputy town clerk charged with theft
Authorities have charged Rochester Deputy Town Clerk Annette Rose with stealing money from the town.
Rose, 37, was to be arraigned last night in Town of Rochester Court on charges of fourth-degree grand larceny and falsifying business records, according to District Attorney Don Williams.
Williams said Rose is accused of taking about $1,200 on July 1. Rose faces an inquiry by a county grand jury into whether she took much more, Williams said.
Two weeks ago, an audit by state Comptroller Alan Hevesi's office said more than $18,000 is missing from the town. The money was connected with the public's use of the town's trash transfer station, the audit said.
No one else has been charged in connection with the missing funds, but Williams said the grand jury will look at whether to charge others in the office of Town Clerk Veronica Sommer.
Williams said he expected Rose would be released on her own recognizance. (TH-Record 11/4/04)

Voters in Rochester by a 257 vote margin voted for John Kerry president:.  For the past several presidential elections, the town has voted for the Democratic candidate.  The voting results mirror campaign donations to the Democratic National Committee and Kerry Campaigns, which indicated overwhelming financial support for the Democratic candidate.

 

Votes in Rochester

Kerry    1706 (52.6%)

Bush     1449 (44.6%)

Nader    76                (2.3%)

 

Votes in Ulster County

Kerry    54.7%

Bush     42.7%

Nader    2.3%

(Ulster County Board of Elections)

 

Contributions

                        Kerry/DNC            Bush/RNC

Stone Ridge            $7,750              $0

Accord              $7,950              $0

Kerhonkson            $750                 $600

High Falls            $5,200              $0

(donations over $200 as of 10/1/04 per TH Record 10/31/04)

 

 

KINGSTON - Two German shepherd mix dogs tangled with a porcupine and ended up covered in quills and lost in the woods at Minnewaska State Park this week, according to a dog control officer.

The two dogs, a male and female, were found by hikers deep in the woods off a trail lying in a pile of leaves early Tuesday morning, according to Jill Shufeldt, the dog control officer for the towns of Rochester, Rosendale, New Paltz and Esopus. She said rangers at the park brought the dogs out of the woods and she brought them to the Kingston Animal Hospital for treatment.

Shufeldt said the two dogs were exhausted when they were found and did not want to be separated from one another. They were both wearing collars but neither had tags identifying them or their owners.

"It amazes me that people aren't going crazy looking for their dogs," Shufeldt said. She added that it is dangerous to allow dogs to run loose because it is currently hunting season and wildlife such as bears, porcupines and skunks can cause harm to canines. She added that traffic and roads are dangerous for dogs on the loose.

Shufeldt said she will pick the dogs up from the veterinarian today and then quarantine them for 10 days to determine whether the dogs contracted rabies from the porcupine. She added that if the owners come forward it can be determined whether the dogs have up-to-date rabies vaccines or the owners can quarantine the dogs themselves. She said if no owner comes forward and the dogs are rabies-free they will be put up for adoption.

According to the Kingston Animal Hospital the two dogs weigh about 80 pounds each. The male is black and tan while the female is mostly tan in color.

It took approximately 45 minutes to get all the quills out of the male and about 30 minutes for the female, according to the veterinarian's office. The veterinarian's office added that the male also had bite marks around his eyes and the female had a cut on her leg. Both are on antibiotics.

Pictures of the dogs when they were brought to the hospital showed them with quills in their paws and on their muzzles and backs.

Shufeldt said the dogs got "so embedded with quills they couldn't go anywhere."  (Freeman 10/29/04)

KINGSTON - Ulster County needs to generate 24 percent more in property tax revenue next year than in 2004, according to the annual budget released Thursday by the County Administrator's Office.

 

Spending under the proposed $295 million budget would rise only 4.07 percent, or roughly $11.5 million, from the 2004 county's budget. But the property tax levy would jump a whopping 23.73 percent, or nearly $10 million, from the 2004 levy.

County Administrator Arthur Smith said he can't yet estimate how much the average property owner's tax bill will rise because the state has yet to set equalization rates, which are used to square the countywide tax rate with each municipality's assessment.

But the increase will be defrayed to some extent by an increase of more than 40 percent in the value of taxable property in the county over the last year, from $10.2 billion to $14.3 billion.

County Legislature Chairman Richard Gerentine said the County Administrator's Office built the best possible budget under the circumstances.

"We, as legislators, are going to have to make some tough decisions," said Gerentine, R-Marlboro. "If we're going to provide services we have provided in the past, then the (tax) levy is going to be a 20-plus percent increase. If we're going to stand up and make some drastic cuts, substantial cuts, then, of course, it will be reduced."

Democrats say the spending plan affirms their belief that budget reform is a must over the coming year.

"We are going to push for legislation to create zero-based budgeting for the next (2006) budget process," said Minority Leader David Donaldson, D-Kingston. "We've been trying to get that done for the past few years, and now I think we can get it done. We clearly can't keep using the budgeting methods we use presently."

In zero-based budgeting, each year's budget is created from scratch, rather than built off the previous budget.

Smith attributed the steep increase in the property tax levy to what he called a "structural deficiency" in the county budget, which is out of the county's control.

"This isn't news to anybody. This is in every county across the state: It's Medicaid," he said. "No other state in the union charges the percent that New York state charges to its local governments. It makes no difference what political party is sitting in the corner office here."

Other major cost increases in the proposed budget include short-term loans, largely for construction of the new county jail; the Golden Hill Health Care Center; the existing jail; social service programs; and county buildings.

At the same time, two major revenue sources in the county budget - sales taxes and the unappropriated fund balance - are under pressure.

The proposed 2005 budget calls for $81.7 million in sales tax revenue, a gain of 3.6 percent over this year but a smaller gain than the county experienced in previous years.

Smith also said county sales tax revenue for 2004 is lagging about 1 percentage point behind the county's projection.

In addition, he said, phasing out the sales tax on home heating fuel has cost the county $5 million in revenue over the past three years.

Another shrinking revenue source is the county's fund balance.

One of the final steps in the budget process is determining how much of the fund balance to use to offset spending and lower the tax levy. Over the past few years, Smith said the maximum amount allowable, 75 percent of the tax levy, has been used in this manner.

Doing so in the current budget would leave a $5 million fund balance, far below the state Comptroller's Office recommendation that municipalities retain 5 to 10 percent of their budgets in reserve. Based on the county's tentative 2005 spending plan, that guideline translates to the county holding a fund balance of between $14.75 and $29.5 million.

And because the budget is so tight and sales tax growth is on the decline, Smith said, it is unlikely the fund balance will appreciate to those levels by the end of next year, leaving the county in an even more precarious budget state than it is now.

"I can't overemphasize the impact that the decline in fund balance and sales tax growth will have on future budgets," he said.

Smith said the proposed tax levy increase was far higher than 23.73 percent in the early stages of the budget process and that he trimmed about $10 million from spending requests submitted by county department heads by cutting office, travel and conference expenses; recommending cuts in overtime and part-time pay; and rejecting more than 30 proposals for new positions and 30 reclassifications.

He also kept costs down by $2 million by planning to leave vacant jobs unfilled throughout 2005, he said.

The Legislature will hold a public hearing on the budget next Wednesday, and lawmakers are expected to vote on the plan in December.  (Freeman 10/29/04)

 

KINGSTON - The beleaguered Ulster County Law Enforcement Center is unlikely to open in March of 2005, as county and construction officials had previously announced.

In fact, it may not even be completed by June of next year, some 14 months after the county's largest construction project ever was initially slated to open.

At Wednesday's meeting of the Law Enforcement Center Committee, Ulster County lawmakers asked Dick White of Bovis Lend Lease, the project construction manager, how his news that the building will be sealed from the elements in mid-December would affect the completion date.

White did not provide a completion date at the meeting, despite committee Democrats urging him to, and despite a completion date of June 7, 2005, being published in a report White provides to update lawmakers on the status of the project each month.

"The only thing I'm comfortable probably saying is I doubt it will be March," White said.

At last week's monthly owner/architect/construction manager meeting, which is closed to the public, White is said to have discussed the June 7 date at length with contractors, some of whom said they don't feel the building can be done until next September, according to Legislator Richard Parete, D-Accord, and Tracey Bartels, D-Gardiner. Bartels attended the meeting.

It was in August, at the last publicly held meeting of the owner/architect/construction manager meeting, that the electrical and general contractors on the job told lawmakers that Bovis' estimated completion date in March 2005 was impossible to meet, and that they had as much as a year's worth of work left on the job.

Some county leaders discounted the contractors' statements, suggesting they were motivated by legal claims the contractors had filed against the county for additional costs they've incurred due to the delay in the project.

White closed that meeting to the public the following month, saying holding the monthly progress meetings in public was "useless" in helping him meet his goal of completing the building.

News broke in May that the $71.8 million project could be as much as $21 million over budget. In September, lawmakers approved spending an additional $8 million on construction.

On Wednesday night, committee Chairman Michael Stock, R-Woodstock, asked White to provide a definitive completion date for the project in a written report form. White said he felt he could provide this information in about two weeks.

Parete said that White lied to lawmakers during the meeting by saying he did not have a completion date when one was included in the most recent report on the project, and said that made him doubt White's word on other statements. He also said he thought the reason White closed the monthly owner/architect/construction manager meeting was to keep that information from lawmakers.

"I would appreciate it if you chose your words wisely," White responded.

Stock accused Parete of trying to "make something out of nothing," and said he's confident that White will be able to produce a completion date that will stick, based on the project's current status and the fact that the building will be fully enclosed sometime next month. (Freeman 11/4/04)

ELLENVILLE - Two teens were charged with causing a large-scale, multiple-agency rescue operation after one made a false emergency call to 911 stating he had been shot, police said.

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Darryl D. Conklin, 19, of 248 Berme Road, Ellenville, and Stacey L. Williams, 16, of 24 Barry Lane, Accord, were arrested Thursday night and each charged with the misdemeanors of reckless endangerment, falsely reporting an incident, possession of stolen property and conspiracy.

On Wednesday at approximately 6:30 p.m. a 911 cell phone call was received from a frantic male who said he was the victim of a gunshot wound and was bleeding, Chief Philip Mattracion of the village of Ellenville police said Friday. The chief said the caller reported he needed immediate assistance and was in a cornfield, in the woods on the bank of the Beaverkill creek off Sewer Plant Road in the village of Ellenville. The call caused police to begin a "search and rescue mission" with the assistance of several other agencies, Mattracion said.

During the search, which lasted until 11 p.m., county 911 received two more calls from the same male stating he could see the lights of the helicopters as they flew over them, Mattracion said. He said the rescue resumed Thursday morning at daylight and ended at 1 p.m., during which county 911 received another call from the male saying the helicopter was above him but rescuers wouldn't find him. Mattracion said that call was received at about 12:30 p.m. and about that time rescuers saw a dirt bike going through the rescue area. With the assistance of ground and air support the dirt bike was found and a male, Conklin, voluntarily submitted to questioning and a polygraph test, the chief said. He said Conklin confessed to making the calls and Williams was identified as a co-conspirator.

Mattracion added that another investigation had been going on during the search into the cellular phone used to make the 911 calls. He said investigators learned the phone had been stolen during the night of Oct. 23, and records were subpoenaed by police as a result.

"I can tell you that this operation was very costly for the agencies involved," Mattracion said. He added that one of the teens said the incident started as a joke but got bigger than they expected. The chief would not identify which of the teens made the statement.

"This was an unfortunate and tragic waste of taxpayer and agency resources," Mattracion said. He added that at any time one of the rescuers could have been hurt or killed during the search.

Conklin was arraigned in Ellenville Village Court and sent to Ulster County Jail on $5,000 bail while Williams was released to her parents and attorney on an appearance ticket.

Village police were assisted by state police Aviation Unit, state Department of Environmental Protection Aviation Unit, state police at Ellenville and Ulster, the Ulster County Sheriff's Office and its all-terrain vehicle units, forest rangers, the Ellenville Rescue Squad, the Ellenville and Napanoch fire and all-terrain vehicle units, county 911 and the Ulster County Fire and Rescue coordinators.  (Freeman 10/30/04)

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 November 2004, commencing at 7:00 p.m. at the Town Hall, 50 Scenic Drive, Accord, NY, on Application by John Gray for 2 Area Variance for fence height located at 234 Queens Highway, Kerhonkson, Tax Map # 68.4-6-11 and in an R-2 District of the Town of Rochester. 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 10/30/04)

 

 

 

Dear Editor:

 

It's disturbing to hear that the taxpayers of the Town of Rochester are the victim of the theft of $18,000 in town money.  The recent State Comptroller's audit discussed bad recordkeeping and money missing from the Town Clerk's office and the investigation by the Ulster County District  Attorney.  When I was a town councilman, I brought  this matter to the attention of the Town Board in October 2001.  I was told that I was acting  improperly.  Yet, what did the Town Board of that time do to investigate or  even take steps to account for taxpayers' money?  It looks like nothing.  The Town of Rochester is too small to play partisan politics; its elected  officials should do what's best for the Town, not what's best for their  friends.

 

At the last Town Board meeting, Councilmen Ron Santosky and Randy Hornbeck  voted against a resolution that would advertise vacancies on citizen's boards and commissions when terms expire.  They said incumbents should  automatically be reappointed because it was "fair".  They shouldn't be concerned about what's best for the incumbents, they should look out for  what's best for the Town, getting the best qualified and hardest working  people for the job (who are sometimes the incumbents).  The Town does it  for paid employee positions, why not for volunteer positions?

 

Closed government isn't good for our town or its people.  Only with  transparency in the decision making process can our residents get a fair  shake.

 

Tony Spano

Kerhonkson

 

 

Dear Accord Town Crier publishers,

 

This is the first time I see advertisement for rentals in your newsletter; and  I am disturbed by it. I feel that this publication is for official notices, community related announcements and should not be cluttered by pure commercials. First it's cottage rentals, but what's next? Purple pills?

 

I'm not totally against ads, but the format of how the ads are presented and displayed must be made explicitly clear, and not shown in the same way as the editorial content.

 

Sincerely,

Alex Shamson

Kerhonkson resident

 

Editor’s Reply:  We frequently carry promotions of local businesses, community organizations, lost and found pets, legal notices and other “ads” of a classified nature.  This is not the first.  We use our discretion in inserting these ads, which we post and believe that they provide a community service, just as our business listings and information on local artists and historical sites.

Prosecutors investigating $18,000 in money missing from the Office of the Town Clerk have not announced the results of their continuing investigation.  The missing money was discovered in a routine audit of the Town’s records conducted by the Office of the State Comptroller for the first eight months of 2003.  The auditor’s report mirrored allegations of sloppy recordkeeping and cash controls in October 2001 by then-Town Councilman Tony Spano in a report entitled, “Negligence and Mismanagement of Town Funds.”  The Town Board is expected to address the matter at its audit meeting on October 28^th.  In July 2004, Town Clerk Veronica Sommer read a letter at a Town Board meeting in response to Spano’s allegation stating that no evidence was established to support the filing of any criminal proceedings.

After a three month trial period during which the Town Clerk’s Office was open during lunch time on weekdays, the Town Clerk has decided no close the Town Clerk’s Office for one hour during lunch.  Town Clerk Veronica Sommer made the announcement at the October 7, 2004 Town Board meeting.

 

Selected Planning Board and Zoning Board of Appeals minutes have now been placed online at

http://www.accord-kerhonkson.com/government.htm (at the bottom of the page).  The electronic files for the meeting minutes were obtained by the Rochester Residents Association under the Freedom of Information Law.   Electronic minutes for Town Board minutes were also requested from the Town Clerk, who responded that she was unable to provide the minutes. 

We have learned that the rental storage facility on Mettacahonts Road and Route 209 owned and operated by Planning Board member Shane Ricks is considering a further expansion.  In addition, the rental storage facility opened and later sold by Randy Hornbeck on Route 209 near Kyserike Road is also considering expansion.  These two expansion projects are in addition to the new facility that is planned for now-vacant land on Route 209 in Accord, across from CJ’s Automotive.  Because of restrictions against such facilities in nearby towns, Rochester now has the dubious honor of  storing junk from other towns on our most scenic and well-traveled thoroughfare.

 ACCORD - A state Supreme Court justice has set aside a jury verdict that has awarded $55,000 in damages to an Accord man who claimed he was threatened and attacked by nine town of Rochester highway workers three years ago.

Supreme Court Justice Michael Kavanagh reversed the decision that awarded David Stoltz, a sculptor, who had sought $4 million in compensatory and punitive damages for the attack he alleged took place in February 2001 at a storage shed adjacent to his property at 33 Main St.

Stoltz said Monday night he expected to appeal Kavanagh's decision. He said the decision appeared to be based on a "technicality."

"We feel that a jury's verdict is sacred and should be maintained," Stoltz said.

Town Supervisor Pam Duke, who took office in January, said she was satisfied with Kavanagh's decision. "I am pleased with it, and let's move on," she said.

In his ruling, Kavanagh said the "intentional infliction of emotional distress claim" in the original lawsuit should not have been presented to the jury.

Town Attorney Jeffery Miller said the judge found no "legal basis" to submit such a claim to the jury, so the entire case was set aside.

According to the lawsuit filed by Stoltz in June 2002, the incident grew from an ongoing dispute with the town Highway Department over the storage of road salt, calcium chloride and other potentially harmful materials on a dirt floor in the shed.

Stoltz said the shed lay less than 70 feet from his well and he was concerned about the chemicals leaching into his water supply.

On Feb. 8, 2001, Stoltz said, he was attacked by highway department workers after he entered the shed to take photographs of them loading bags of calcium chloride stored in the shed onto trucks.

Highway Department Superintendent Wayne Kelder admitted in a statement to state police that he had told Stoltz, "You can't take pictures of me because I'm an elected official. I'm going to have to confiscate the film." However, he said the comments were made in jest.

Kelder denied coming closer than 15 feet to Stoltz. Depositions from other highway department employees present at the shed that day also denied any attack on Stoltz.