Follow Up on the News
Before, that is, attorneys for the town filed its Intention to Appeal this week, possibly setting everything back another 9 months at least, and up to two years should things drag.
"We have been saying that the tax assessments were done unconstitutionally," said the plaintiff's attorney, Brian W. Matula of Albany-based Cooper Erving & Savage LLP, addressing the case before its latest wrinkle developed. "They say we didn't supply the proper facts regarding categorization of the questioned assessments."
A Summary Judgment Decision released by state supreme court justice James Gilpatric on July 23 dismissed the plaintiff's claims against all of the individual assessors named on grounds of qualified immunity" but allowed their claim against the Town of Shandaken to move forward after both sides argued for such summary judgment - a speeding up of the process - earlier in the summer.
Damage claims against the town for constitutional violations, according to those of the 21 plaintiffs owning parcels over 20 acres in size talked to, remained at three counts at $1 million each.
The case goes back to the town's 2005 tax assessments, as well as the fact that Shandaken has not undergone a revaluation of its tax rolls since 1978. The 21 landowner plaintiffs believe they were treated unequally when their land was shifted to a $600 per acre assessment basis without the same being done for other large landowners in the town, including New York State and New York City. An earlier claim that Cross had conspired in the assessments was later dismissed, and an order of consent granted the town discontinuing all claims against the former supervisor "with prejudice."
Gilpatric ruled, most recently, that the plaintiff's case against the town could move to a jury based on a series of facts that are being differently interpreted: with the plaintiffs claiming that their reassessments constituted a town policy that was unconstitutional, and the town saying all that happened was "bureaucratic methodology."
Matula said this week that the constitutional case relies on definitions of equal protection under the law (similar to items recently used in California's Proposition 8 case), but there is little if any precedent for such matters involving taxes to enter state and not federal courts.
"Our view is that because it has to do with tax assessments, this must be in state court," the lawyer said. "My clients are insisting on a jury trial."
When it was later announced, as we were going to press, that the town's attorneys had counter-filed a last-minute Intent to Appeal Gilpatric's Summary Judgment, which they had originally requested, it was stated by one of the 21 plaintiffs that, "It makes sense that they'd not want to go to trial with this."
Looks like this one's got some time left to linger...and lawyers to be paid.
Now, according to town Supervisor Robert Stanley, it is Shandaken's turn.
A hamlet within the town bearing the same name, Shandaken will host festivities at Glenbrook Park, about a mile from where Stanley himself grew up. The fun starts on Saturday, August 28th a 10AM.
Now a Pine Hill resident, Stanley says this year's celebration is an opportunity to let his home hamlet shine.
Once a burg with it's own supermarket, called Heick's after the butcher that owned it, as well as a lucrative sawmill, a baseball bat factory, the legendary Log Cabin Restaurant/bar, and a number of hotels, Shandaken is no longer swirling with business activity save for Merrick Tackle, an online fishing gear enterprise located across the highway from the historic Methodist Church in what was once the Consolidated Laundry building. But Stanley hopes to change that.
In fact, he hopes to invigorate all the hamlets. That, he says, is why Shandaken Day bops around the local map, giving each part of town its chance to shine.
"The Town of Shandaken is comprised of twelve hamlets; neighborhoods that are unique in geography, economies and offerings," Stanley said. "We as a town hope to help preserve and promote these quaint hamlets, mostly nestled in the valleys. Most home and business owners are happy to tell you of the history of their building or the area. We have a rich history tied to American legends such as Babe Ruth, Dutch Schultz and others. Myths abound concerning everything from a Native American romantic tragedy to the first snowmobile to a secret stash of gold."
The word "Shandaken," a Native American derivative meaning "rapid waters," refers to the Esopus Creek which flows through the town and supplies water to the Ashokan Reservoir, one of New York City's major water sources. The hamlet once housed a chair factory and several substantial hotels and was a thriving business center with wagon and blacksmith shops, grist mill, sawmill, grocery and general stores, post office (the first in Shandaken Township), railroad station and church.
Being celebrated along with the town's namesake will be two other hamlets...
A stone's throw up Route 42 from Glenbrook Park is Bushnellsville, named for the Bushnell family who settled the valley in the mid-1800's and home, by the early 1900's, to a number of thriving farms, its own post office, several general stores, a cider mill, ice houses and even a bowling alley. Supplies were delivered from Phoenicia once a week by horse and wagon.
Down the road apiece is Allaben, originally called Fox Hollow before being named after Dr. Orson Allaben and eventually made the site of the town offices and highway garage. The 18-mile-long Shandaken Tunnel, carrying water from the Schoharie Reservoir bound for New York City, empties here into the Esopus.
The theme for this years Shandaken Day, appropriately, is "The Good Ole Days."
This year vendor booths will be augmented by the live music of the Earl Pardini String Band, plenty of games and food. Look for Shandaken Day's now traditional gamut of kids activities, including the ever-popular "Hay Bale Bonanza," where children can stack and re-stack whatever configuration they can dream up.
Shandaken Day will also be a time when some local standouts get honored: Hamlet Heroes this year are Mason Gossoo of Bushnellsville, Jane Todd of Shandaken and the late Ed Ocker of Allaben.
Gossoo, long deceased, was a renowned carpenter who was born and raised in the Shandaken area and worked for Dunham Lumber Company located in Allaben He served in the Merchant Marines, as well as in the US Army during World War II, and eventually held memberships in the Masons and Odd Fellows, was active in the local volunteer fire department, and was an avid fisherman. Most notably, Gossoo was US Postmaster for Shandaken for 26 years.
Todd has held a multitude of positions in the town, from being one of the founding members of the SHARP Committee, to treasurer for the Phoenicia Fire District, a member of both the Planning Board and Town Board, and a boardmember for the Shandaken Theatrical Society. Her motion a few years ago helped allocate funding from NYC for future park improvements, which afforded improvements to all town parks including Glenbrook, where this year's celebration will be.
Ocker, born on Christmas Eve in 1914 in town, worked diligently throughout his life as an engineer starting with the Civilian Conservation Corporation, for whom he helped build the local network of fire towers. He went on to work for General Electric during World War II, and with New York State on several area bridges of note including the Newburgh-Beacon and Kingston-Rhinecliff spans. He was an avid outdoorsman and member of two local fish & game clubs, a member of the local volunteer fire department, and served two terms as the Shandaken Highway Superintendent. But it was his letter writing that endears him most to locals, along with his constant opener, "What's shakin' in Shandaken?"
The annual "Pride of Shandaken Award" will be bestowed upon Henry "Hank" Bernstein and Raymond Dunn this year.
Bernstein, born in Kingston in 1917, served in the U.S. Army Air Force where he received the Bronze Star for service in the Burmese Theater during WWII, then worked with the NYS Game Protection Unit after marrying his wife, Vivien, in 1949 and beginning his residence in Phoenicia, where they still live today. Hank was active in Boy Scout Troop 60 with his sons and is currently the oldest living Eagle Scout in Ulster County, as well as a longstanding member of the Phoenicia Fire Company. He is an ardent fly fisherman, hunter, and reader.
Dunn was born in Binghamton in 1905, later served in the US Navy and then entered into a position with the New York State Troopers with whom he served for 35 years, ending his career in 1965. He married Helen Yerry in 1935 and his daughter, Ramona and her husband, George today reside in what was the first State Police Office in the Town of Shandaken. Ray later served in a variety of capacities for the Town of Shandaken, including Town Clerk, Historian, Councilman and Supervisor from the 1960's through his departure in 1981.
Finally, Edward G. West, former Town of Shandaken Historian and a local land surveying legend, will also be honored at this year's Shandaken Day by having the Glenbrrok Park softball field named in his honor.
Shandaken Day will be held rain or shine. For more information call 688-5004.
Gregory pointed out that there were some incoming Bennett students who lived closer to Phoenicia or Woodstock and transportation was already in place if they needed to go to another school. The two extra Kindergarten teachers would then become Academic Intervention Specialists (AIS). This is a State-mandated service that addresses students who score below a level three, out of four levels, in the State English Language Arts and Math exams.
But not all people agreed with Bennett only having one class. A small group approached the board towards the end of the meeting, protesting the board's motives. Bennett Kindergarten teacher Lynn Clinton mentioned the unfairness at the board's focus on Phoenicia School's two classrooms if it consisted of more than 20 students. She pointed out that the board found it reasonable to slate 23 students for one classroom at Bennett.
"I have very serious concerns about a very full single section at Bennett Elementary School," said Clinton. "Bennett also has a primary special ed class, with Kindergarten students that will be mainstreamed this year." She also listed the possibility of new students moving into the district, a hypothetical that the board used for Phoenicia classrooms.
A district press release was issued that said the bar for the state tests has been raised; therefore, more kids will be scoring lower than level three. Preliminary results of the 2010 district school report card are available to administrators but not yet available to the public.
According to Gregory, the results reveal that more students will need academic support.
"My biggest concern is because they raised the test scores on Level one, two, three and four, more students now are going to be identified in need of AIS services," she said.
BOCES Superintendent Marty Ruglis then met with the board in a workshop for the purpose of the new superintendent search. An informational brochure was fine-tuned for the purpose of distributing to potential candidates ,and the board agreed upon the scope of advertising. The search will cover the Hudson Valley, Upstate New York, part of New Jersey and Connecticut. A classified ad will be place in the New York Times, local and educational papers. Qualifications sought include three years of central office experience; ability to successfully integrate and maintain a high level of trust with the board staff and community; and a candidate who must be a strong advocate for progressive education.
The board has targeted October as the deadline for collecting applications. Potentially, three finalists will be chosen. As part of the final interview process, the candidates will meet with district administrators, a board-selected shared decision making committee, and the board for final interviews.
In a sports discussion, it was noted that Onteora Modified and Junior varsity soccer will be sharing the field on Route 28 across from the Emerson with a Shandaken start-up youth soccer league. Athletic director Nick Millas said, "While I was on vacation, I got notification from the town of Shandaken that we wouldn't be allowed to use the fields. That was a miscommunication and misunderstanding and we worked out a resolution where we will be able to use the large field for our games." During practice days the youth league will be using the larger fields and Onteora teams will be able to use the smaller fields.
In other sports news, Millas said that the three-mile all-purpose trails for cross-country have been renovated and are in good safe working condition. He said Cross Country participants, community volunteers and Eagle Scouts helped with the work. The athletic code of conduct and the coaches' handbook have been revised and updated.
Finally, it was announced that the school campus at Boiceville will soon have its sewer hooked up to the new Boiceville wastewater treatment plant. Director of Building and Grounds Jared Mance said a bid was accepted and it appears a hookup may happen in October around Columbus Day weekend. There will be some excavation taking place around the grounds of the High School.
Next summer, the two buildings will receive new grease interceptors. The bus garage will also be receiving a new oil and water separator.
"We decided to wait until September, " said Manning. "Many people are on vacation right now, so we will pick things up next month."
In July, local officials made it clear that the small municipalities within the proposed byway area - Ulster County towns of Hurley, Olive, and Shandaken, the Villages of Fleishmanns and Margaretville and the Delaware County towns of Middletown and Andes - do not have the resources to fund the project in the long term.
Manning said he is glad that those officials have made that clear, and noted that those same officials are participating in exploring other ways to keep the ball rolling, something that Manning says is important at this stage of the game.
The Collaborative is at the point of requesting that New York State declare this section of Route 28 a Scenic Byway. Manning said it is critical that a long range plan be established now, during the request phase.
"If they (the state) bestow this designation on you they want to know you are going to take it forward," he said.
Formed two years ago just prior to the economic crash, the Central Catskills Collaborative has been working toward getting a 50 mile section of Route 28 designated as a Scenic Byway, under the notion that such a designation would open the door for funding opportunities for the region that would otherwise not be available.
The CCC was formed based on receiving a state-level grant to pay the Catskill Center for Conservation and Development to handle the administration responsibilities but, ironically, that funding never materialized as state finances fell into shambles.
Then, the Catskill Watershed Corporation was asked to fund the CCC, and that agency's Board of Directors contributed $50,000 of start up funds to take the place of that state money that never arrived.
Manning added that, in his view, much is being accomplished regardless of the byway designation because anytime a group of local officials get together and work together, identifying goals and ways to achieve them, there is always a benefit.
In other words, it is the relationship forged between the communities that counts.
"A Scenic Byway (designation) is a byproduct of that relationship," he said.
That, I think, has changed, and both this newspaper's presence and the information we've been providing you has had a lot to do with it. We're proud of these newspapers, and we're often told by government and media types that our reporting and analysis has long been amongst the most respected in the state.
Few people I'm sure have thought much about what it takes to sustain newspapers like these, delivered free to everyone in an area the size of Westchester County. The answer isn't money, although that's a component. What it really takes is a willingness to accept responsibility for it week after week and year after year. That, and a huge amount of time and work by a handful of dedicated people.
These newspapers operate as a very small business. We have no office, we all work from home and we work hard. Many of the paychecks I write each month are small but they're still important locally. My wife Maxanne long carried by herself the papers' heavy administrative workload, even while serving on Onteora's School Board. But the truth is there's just so many full-time volunteer jobs that any one family can handle. Eventually, that administrative burden came back to me and I struggle to manage it along with everything else it takes to get our papers out to you. But as we enter our tenth year of publication, it's become increasingly difficult for me to continue to do this without help.
I'm 52 and have worked in media and marketing most of my life. I believe within just a few years, the advertiser-supported community newspaper model we've created here will be the only weekly or biweekly newspaper format that's left in America. In our quickly changing media environment, newspapers are becoming something people don't pay for but simply "get," like radio, or like you, our readers, have come to expect. In communities like ours everywhere, papers like this will soon be the only viable and cost-effective print advertising media, as well as the only source of solid local news available to everyone. But whether The Phoenicia Times and The Olive Press will continue to lead by example or even continue to publish is something I'm reassessing.
Our problem as a business is that we're operating as one that's too small. You - all of our readers - don't add up to quite enough people to assure the wide advertiser-base we need to stay viable through difficult times like these. To sustain ourselves we need to grow by launching new papers throughout the region, something we're quite prepared to do although not without help. I've reached out to appropriate media companies, I've had great discussions and no one in the business has ever argued that our model isn't right. But as many of us know it's a difficult investment climate out there. And what may be needed here is the involvement of someone who shares our emotional commitment to the future of these communities and this region.
What's needed to sustain and to grow these newspapers isn't huge investment, for some of us what's required might seem manageable or even modest. So I'm looking for a partner, or partners, and a way to share some of the responsibilities. I've no conditions or preconceptions, nearly anything's possible. But I'm hoping to hear from someone who believes that what we've been doing all these years has helped make our community a better place. I know many of you do feel that way, people tell me this often and I'm always grateful when they do. So I hope sincerely to hear from some of you now, and I appreciate your reading this through. I answer my phone and check email often and remain an optimist by nature and years of practice.
Brian Powers, publisher
The Phoenicia Times & Olive Press
845-688-5051 or tiskilwapk@aol.com.
Marie Castaldo of the Super 8 Motel in Kingston was arrested Thursday night by SPCA investigators, Shandaken police and the Ulster County Sheriff's Office, and charged with one count of failure to provide proper sustenance to animals.
According to Brian Shapiro, the SPCA's executive director, 39 additional counts are pending. He said the arrest followed a year-long investigation.
Shapiro said the dogs were discovered in the empty storefront of the former Phoenicia Feed Store at 1026 Old Route 28 in Phoenicia and were in varying states of poor medical condition. He said they had no food or water and were covered in their own wastes.
He called it a classic case of animal hoarding and said the animals had "no quality of life whatsoever."
According to information provided by the SPCA, it is not clearly understood why people become animal hoarders. Early research pointed toward a variant of obsessive-compulsive disorders, but new studies and theories are leading toward attachment disorders in conjunction with personality disorders, paranoia, delusional thinking, depression and other mental illnesses. Some animal hoarders began collecting after a traumatic event or loss, while others see themselves as "rescuers" who save animals from a life on the street.
"Historically, collecting animals was viewed as an animal lover who gets in over his or her head, but the truth is that people who hoard are at a total loss of insight," says Dr. Randall Lockwood, ASPCA Senior Vice President for Anti-Cruelty Initiatives and Legislative Services. "They have no real perception of the harm they're doing to the animals."
In the majority of cases, animal hoarders often appear intelligent and clearly believe they are helping their animals. They often claim that any home is better than letting that animal die. In addition, many hoarders possess the ability to garner sympathy and often deceive others into thinking their situation is under control. They are blind to the fact that they are not caring for the animals or of the extreme suffering they are inflicting.
According to Dr. Lockwood, "Being kept by a hoarder is a slow kind of death for the animal. Actually, it's a fate worse than death."
The SPCA seized all of the dogs, some of which are now receiving emergency medical care at the shelter in Kingston. Others are tenants at the town of Shandaken Animal Shelter.
Shapiro said the investigation is continuing. After her arrest, a man that knew Castaldo came forward and surrendered another dog along with nine pups, saying that Castaldo had been keeping them in another location. Police are also looking into allegations that Castaldo sold dogs from her "collection" in the parking lot of a local supermarket.
Castaldo was arraigned and sent to Ulster County Jail in lieu of $10,000 bail.
So severe is the case, one local restaurant is working with the SPCA to host a fundraiser to pay for the care of the animals.
To send a donation go to the UCSPCA web site at www.ucspca.org or to the local town shelter which is S.A.V.E (Shandaken animal volunteer effort), call 845-688-7165 for more information.