Friday, August 22, 2008

News That Matters - August 22, 2008

News That Matters
Brought to you by PlanPutnam.Org

Good Friday Morning,

Today is Dorothy Parker's birthday.

"If you want to know what God thinks of money, just look at the people he gave it to."
- Dorothy Parker

Is there going to be a "debate" between Greg Ball and John Degnan this evening in Pawling? That all depends on whom you talk to. In yesterday's column I mentioned that one had been set up for the Lathrop building at Pawling's Lakeside Park. Later in the day I found out that the organizers are the New York State Rifle and Pistol Association (NYSRPA) and they are decidedly not objective, being Ball supporters for a long, long time. The NYSRPA sent an email to their members about the debate and someone on that list forwarded News That Matters to someone else who wrote me to say;
Just to let you know, Mr. Degnan was contacted by NYSRPA at both his home and office by phone, as well as by email, on 8/6, 8/13, and 8/20. On Wednsday [sic] night, a NYSRPA-member asked Degnan staff member Rob DiFrancesso if Mr. Degnan would be attending and was told "It's on the calendar, but I don't think we are going."

There is no way that he "was not invited" if it is on their calendar.

I responded,
The version I'm hearing is remarkably different than the one I'm hearing from you. Somewhere in-between is the real story and sooner or later I will find it. I just hope I don't have to dig too deeply. Copies of the emails you sent, along with their headers, would be helpful.

As an aside, it is possible that Mr. Degnan found out about your 'debate' in the same way I did and it's on my calendar too. I found out through a third party.

Nevertheless, what's your role with NYSRPA? I didn't see your name listed on their website.
To which the original writer wrote:
I am simply on their mailing list. As a supporter of Greg Ball, someone brought your blog to my attention today. Therefor, [sic] I also heard this through a third party. Perhaps I acted in haste when your blog was brought to my attention. I will send some emails and see if my contact at NYSRPA will ask to see those emails and I suggest you do the same.

Thank you for your reply!

To which I then wrote, in part:
Though you say you are just on NYSRPA's mailing list, you did seem to have information (dates of emails, for example) that would show a deeper involvement.
As of this writing (11:25AM) there has been no further contact. If all this seems fishy to you, it seems fishy to me, too. If there should be a significant break in this story I will send out a release later today.

Saving the Farm

There is an effort in place to save the 129 acre Ryder Farms on Starr Ridge Road in Southeast from becoming another housing development. Eileen Goren (Putnam and Westchester Land Trusts) is working on a grant application to NY State that would Purchase the Development Rights (PDR) of that property to keep it in farming.

To that end, the Putnam County Land Trust has pledged $5000, the Open Space Institute has pledged $150,000 and the Town of Southeast has pledged $325,000 from their Open Space Fund. What's needed is for Putnam County to kick in the remaining $325,000 of the 25-75% matching grant. While the Legislature seems to be in favor, County Executive Bondi appears not to be.



Ryder Farms property runs from Starr Ridge Road back to the shores of Peach Lake. Of late, both Southeast and North Salem have embarked on a major project to clean the lake with millions being spent over the years to do so. Protecting this last - undeveloped - portion of the lake is essential to the success of that program. And, when combined with lands already preserved by the Putnam County Land Trust, this action would produce an important hedge against further degradation of the Lake.

Only 1.5% of the land in all of Southeast is in agriculture.

Southeast's Master Plan says that as many as 141 additional homes can be built along Starr Ridge Road if the areas has 4 acre zoning, with this parcel holding as few as 20 and as many as 40 - right on Peach Lake. Is this what we want to see? The loss of working farm land and an increased pollution danger to Peach Lake? I don't think so.

Regardless of what the County Executive may claim, Putnam County holds an estimated $12,000,000 in remaining East of Hudson funds of which $325,000 is needed to meet the requirements of the match - yet County Executive Bob Bondi is balking, as usual. He may try to drag his feet past the September 15th deadline, which means that houses will sprout where Brussels sprout now.

But we need your voices on Monday night at the Courthouse in Carmel. The Physical Services Committee meets Monday evening at 6:30PM and will do so in the main meeting room to accommodate the expected crowd. Be there to support open space, water quality and local agriculture in Putnam County.

Brewster: Not The Center of All Crime In The Universe

The Gospel According to Greg Ball is that crime is so high in Brewster that simply leaving your home is sure to have your dog raped, your daughters kicked and your car stolen by gangs of roaming terrorist street thugs wielding AK47's while chanting Celine Dion's name.

According to the Town of Southeast's website and the latest posted reports from the sheriff's office, Mr. Ball is not exactly telling the truth. While per capita incidences are impossible to obtain with a degree of faith since Brewster itself stands at a crossroads and sees many daily visitors from away, here are the cumulative numbers for the year ending December 2006, a point in time where Mr. Ball claims crime reached its horrendous apex:

Offense
Southeast
Only
Brewster
Only
Totals
Southeast & Brewster
Motor Vehicle Theft
9
6
15
Larceny
132
25
157
Burglary
17
14
31
Property Crimes
156
65
221
Aggravated Assault
5
10
15
Robbery
3
5
8
Sexual Assault
8
2
10
Murder
0
1
1
Motor Vehicle Accidents
375
39
414
Traffic Offenses
2025
329
2354
Other Complaints
4262
1226
5488
Total Complaints Investigated by the Putnam County Sheriff's Department
6992
1722
8714

According to these numbers, if we take into account the transient nature of the village itself (commuters, shoppers, tourists), it's much, much safer within the village than it is anywhere else in the Town of Southeast. In fact, you are almost 4 times LESS likely to call the police than if you lived on say on immigrant free (except for the housekeepers), Joe's Hill Road.

While the Assembly passed a circuit breaker bill the other day, the Senate, as I reported then, is still stuck on the automatic 4% tax increase, er, Tax Cap bill. Greg Ball has signs up all over the district demanding this property tax increase. Senate majority leader Dean Skelos has been leading the charge with mis- and disinformation about the tax cap and the circuit breaker bill, flawed, though not the end of the world. The other day, in reference to the Assembly he said,
“They have proposed taxes of over $2.5 billion,” Skelos said of Assembly Democrats. “And if we continue to tax people in New York State, raising taxes, we’re not going to be the Empire State. It’s about job creation, and if you tax people they are going to continue to leave the state.”
Well, ain't that just a Big Fat Case of Misinformation. Mr. Skelos knows it's not the rich leaving the state, they're the one's who can afford to stay. It's the poor who are leaving - and he knows this. So why let a little truth get in the way of partisan politics? Besides, while your state income taxes will remain the same, they will go up if you earn more than $1,000,000 each year. Is this the demographic Mr. Skelos and the Senate is protecting? You bet your ass it is.

DEC has called another public hearing on Kent Manor.
Details are in the last news story on this sheet which I have attached as complete for your information. If anyone can make sense out of all that please write!

And now, the News:
  1. Arrested development (NYJN Editorial)
  2. Staged Reading of Beyond Therapy (Brewster Theater Company)
  3. Peace activist can litigate damages claim against upstate Town (Orange County)
  4. Distinguishing the Green From the Greenwashed
  5. F.D.A. Allows Irradiation of Some Produce (Glow in the Dark Lettuce)
  6. Pandora Could Be First Major Casualty of New Royalty Rates (Hall won't sponsor bill)
  7. White House missing as many as 225 days of e-mail
  8. Florida deputies Taser run away emu
  9. Dead bear cleared in cyclist's mauling
  10. Notice of Public Hearing - Kent Manor

Arrested development (NYJN Editorial)

When the Kent Manor condominium project was first approved for 113 wooded acres off Route 52 in the Town of Kent, Ronald Reagan was president, Kent residents were concerned about encroaching sprawl, and there were very few places to shop - or to generate sales tax - in Putnam County. Some things do change; Reagan died in 2004.

Kent Manor, initially conceived as a 318-unit condominium development, has reached the age of majority without a single condo having been completed and lived in. Instead, 21 years have passed in financial and legal wrangling.

Some people would call that delay a kind of victory. Indeed, the Kent Manor saga is a testament to the strength of grassroots activism. The opposition to Kent Manor started as a homegrown affair, with determined local residents speaking up at town meetings. It grew to include environmental groups like Riverkeeper and the Croton Watershed Clean Water Coalition. For a time, even New York City's watershed watchdog, the Department of Environmental Conservation, joined the fight.

Read More

Staged Reading of Beyond Therapy
(Brewster Theater Company)

The Brewster Theater Company presents a free staged reading of Christopher Durang’s irreverent and adult comedy Beyond Therapy on August 23rd at 8pm.  Directed by Ryan Dietzen, this production will be performed at The Tilly Foster Farm, 100 Route 312 in Brewster, NY.

Two neurotic and insecure New Yorkers, Prudence and Bruce, are encouraged by their respective therapists to seek romance and embark on a tentative relationship when Prudence responds to a personal ad placed by Bruce. Written as a series of short comic vignettes, Durang points his particular brand of acerbic humor both at contemporary relationships and modern psychology.

This is Brewster Theater Company’s second staged reading of the season, the first being Rabbit Hole by David Lindsay-Abaire produced in May. “Beyond Therapy is funny because each of the characters is armed with just enough psychobabble to do real harm,” says director Dietzen, “They show in a humorous way that it takes more than being aware of your own needs to be happy.”

The staged reading of Beyond Therapy features Rachel Halko of Bedford Hills as Prudence and Matt Bogen of Carmel as Bruce.  Other cast members include Nina Wilson of Brewster as Charlotte, Gary Fischmann of Patterson as Stuart, Eric Luther of Carmel as Bob and Brian Dallas Field of Brewster as Andrew.

There is no charge for this production however donations are gratefully accepted.  Please note that this show contains adult themes and language.  Due to limited seating, reservations are strongly recommended.  To make reservations leave a message at 845-598-1621.
 
Click here for more information about the show

Peace activist can litigate damages claim against upstate Town

The right of public assembly is enshrined in the First Amendment. But that doesn't mean the Constitution provides easy answers when municipalities regulate this activity. A recent decision by district judge William Conner in the Southern District of New York outlines the rules governing when public property is a "public forum" and whether towns and village may require people to obtain liability insurance in order to receive a permit.

The case is Coe v. Town of Blooming Grove, 2008 WL 2735861 (SDNY July 7, 2008). My office represents the plaintiff, a Reverend who wanted to hold a peace rally in October 2006 on public property in front of the library. The Town argued that this property was not a public forum, and it amended the zoning code to reflect that position. Relying on the Second Circuit's leading case on the issue, Hotel Employees v. City of New York, 311 F.3d 534 (2d Cir. 2002), Judge Conner disagreed after reviewing photographs of the property, holding that the lawn has the physical characteristics of a public park:

Read More

Distinguishing the Green From the Greenwashed

Why We Need a Dependable, Sustainable Label

We need sustainable standards so consumers know what to buy.

One of the biggest obstacles green consumers -- or green "wanna-bees" -- face is knowing what's really "green" and what's just being hyped, or greenwashed, so businesses can make a buck.

A recent poll shows just how confused consumers are.

Called Eco Pulse, the national study, which was reported in Brand Week, asked shoppers open-ended and multiple-choice questions about green issues. The results are disheartening for those of us who spend our time trying to help clarify marketplace and lifestyle choices.

According to the research, many people still don't have a clue whether what their purchases actually make a difference. Neither can they vouch for the eco-status of the companies whose products they buy. If you ever wondered whether the certification efforts of the Institute for Market Transformation to Sustainability and other organizations were worthwhile, studies like these leave no question: certified green standards would help hold companies accountable while shining a bright green light on choices that actually are as eco-friendly as they claim to be.

Read More

F.D.A. Allows Irradiation of Some Produce

By GARDINER HARRIS
WASHINGTON — The government will allow food producers to zap fresh spinach and iceberg lettuce with enough radiation to kill micro-organisms like E. coli and salmonella that for decades have caused widespread illness among consumers.

It is the first time the Food and Drug Administration has allowed any produce to be irradiated at levels needed to protect against illness.

“This is probably one of the single most significant food safety actions done for fresh produce in many years,” said Robert Brackett, chief scientist for the Grocery Manufacturers Association, which petitioned the agency in 2000 to allow manufacturers to irradiate a wide variety of processed meats, fruits and vegetables and prepared foods.

Advocates for food safety condemned the agency’s decision and asserted that irradiation could lower nutritional value, create unsafe chemicals and ruin taste.

“It’s a total cop-out,” said Patty Lovera, assistant director of Food and Water Watch. “They don’t have the resources, the authority or the political will to really protect consumers from unsafe food.”

Read More

Pandora Could Be First Major Casualty of New Royalty Rates

By Eliot Van Buskirk August 18, 2008 | 1:32:03 PM
 
For over a year, publications including Wired.com have warned that the U.S. Copyright Royalty Board's new rates for webcasters would end online radio as we know it. Now, those chickens are coming home to roost.

Pandora -- practically the poster child for online radio -- says it will shut down if royalty rates enacted in March of 2007 are not altered soon.

Despite all of those warnings, the rates remain intact and must be observed by webcasters, even as the battle over them continues. Aside from a few concessions to small webcasters and those with lots of unique streams, Washington lawmakers have not altered the rates, which currently require Pandora to fork over 70 percent of its revenue to labels and artists.

"We're losing money as it is," founder Tim Westergren's told The Washington Post. "The moment we think this problem in Washington is not going to get solved, we have to pull the plug because all we're doing is wasting money," adding, "We're funded by venture capital. They're not going to chase a company whose business model has been broken. So if it doesn't feel like its headed towards a solution, we're done."

Read More

White House missing as many as 225 days of e-mail

By PETE YOST – 1 day ago

WASHINGTON (AP) — The White House is missing as many as 225 days of e-mail dating back to 2003 and there is little if any likelihood a recovery effort will be completed by the time the Bush administration leaves office, according to an internal White House draft document obtained by The Associated Press.

The nine-page outline of the White House's e-mail problems invites companies to bid on a project to recover the missing electronic messages.

The work would be carried out through April 19, 2009, according to the Office of Administration request for contractors' proposals, which was dated June 20.

Last week, the White House declined to comment on the document.

Read More

Florida deputies Taser run away emu

PANAMA CITY, Fla., Aug. 21 (UPI) -- Florida sheriff deputies say they had no choice but to Taser an escaped emu that was chasing cars.

The pet bird, named Plop-plop, had jumped a low fence days before she was finally cornered by Bay County Sheriff's Deputies Randolph Grob and Derrick Groves. But she wasn't ready to give up easily, the Panama City News Herald reported Thursday.

Whenever they moved within eight or nine feet, the emu would either charge them or ram itself into a fence, they said. They became concerned for the well-being of both Plop-plop and themselves due to the large bird's sharp talons.

"I think we had exhausted the fact that we weren't going to be able to just corral it up on our own without harming it," Grob said. "I guess the point was made, 'Well, what do we have other than shooting it with an actual gun to get rid of it?'"

Two jolts of a Taser were required to bring Plop-plop under control to a point where she could be taken to the local dog kennel. Her owners were then located, ending what Grob called one of the "stranger calls" he ever has taken.

Read Original

Dead bear cleared in cyclist's mauling

ANCHORAGE, Alaska, Aug. 21 (UPI) -- A grizzly bear shot this week because it was suspected of mauling Alaskans was cleared in one of the attacks through DNA testing, a scientist said.

The Anchorage Daily News reported Thursday that the bear show this week was not the grizzly that severely mauled 15-year-old cyclist Petra Davis along the Far North Bicentennial Park's Rover's Run.

"The DNA doesn't match. It appears as though that bear wasn't involved in the Petra Davis attack," said Dr. Sandra Talbot of the Alaska Science Center. "It's just preliminary, but I'm pretty confident of the results."

The bear was shot more than a week after mauling Clivia Feliz in the park.

Authorities were able to identify the bear by her cubs, one of which has a white collar of fur, the newspaper reported.

Read Original

Notice of Public Hearing - Kent Manor

Kent Acres Development Company, Ltd.
September 24, 2008 7:00 p.m.

Project Number: 3-3722-00041/00003

This notice is issued pursuant to Part 621 of the implementing regulations pertaining to Article 70 (New York State Uniform Procedures Act [UPA]) of the Environmental Conservation Law (ECL). The New York State Department of Environmental Conservation (NYS DEC or Department) has determined that a legislative public hearing will be held on September 24, 2008 at 7:00 p.m. at the Knights of Columbus, 10 Fair Street, Carmel, NY to accept unsworn, oral comments on the applicant's proposed modification to its state pollutant discharge elimination system (SPDES) permit and other permit applications related to its project.

Name of Action: Kent Manor Residential Development

SEQR Status: Type 1 - Final Supplemental Environmental Impact Statement (SEIS) accepted April 18, 2007 by the New York City Department of Environmental Protection, as the lead agency.

UPA Status: Major

Description of Project: Kent Acres Development Company, Ltd. and related entities1 have applied to NYS DEC for permits to construct a 273-unit condominium complex in the Town of Kent, Putnam County on a 113 acre site located on the north side of Nichols Street, approximately 0.3 mile west of the intersection with NYS Route 52. In 1988, the Department issued a sanitary SPDES permit (1988 SPDES permit), a public water supply permit, and a protection of waters permit. The SPDES and public water supply permits remain in effect; however the applicant seeks modifications to these permits.

The applicant is seeking to reduce the permitted flow in its SPDES permit; for water supply, to take an average of 70,000 gallons per day (GPD) on a monthly basis from four on-site wells, and eliminate the prior requirement to replace nearby wells prior to operation. Based on well pumps tests performed by the applicant in 2007, the four wells have a combined tested capacity of up to 99 gallons per minute (GPM), over twice the capacity needed to meet the average daily demand of 48.7 GPM.

In addition, due to updated mapping of freshwater wetlands (Freshwater Wetland No. LC-57 [Class I]) by the Department affecting the project site, the applicant now must obtain a freshwater wetlands permit because portions of the freshwater wetland and its 100 foot adjacent area will be affected by the construction of the project's wastewater treatment plant, installation of some residential units, stormwater management measures, and water supply and distribution infrastructure.

Permits Required: SPDES, Environmental Conservation Law (ECL), Article 17 and Parts 750 - 758 of Title 6 of the the New York Compilation of Codes, Rules and Regulations (6 NYCRR); SPDES General Permit for Stormwater and Discharges from Construction Activities, Article 17 and Parts 750 - 758 of 6 NYCRR; Public Water Supply, ECL Article 15, Title 15 and 6 NYCRR Part 601; Protection of Waters, ECL Article 15, Title 5 and 6 NYCRR Part 608; Freshwater Wetlands, ECL Article 24 and 6 NYCRR Part 663; Water Quality Certification, Section 401 of Clean Water Act.

Revised Draft SPDES Permit: In response to written public comments received during the public notice period, Department staff have revised the draft SPDES permit to correct typographical errors and amend language related to the permittee's compliance with phosphorous offset program requirements. The revised draft SPDES permit is available for review during normal business hours at the NYS DEC Region 3 office as noted below. The Department has made a tentative determination to approve the revised draft SPDES permit for the discharge of a monthly average of 70,000 GPD to an unnamed tribuary to Palmer Lake (a/k/a Michael's Brook), a class B stream. The 1988 SPDES permit issued for this project was for a 313-unit proposal allowing a monthly average discharge of up to 102,000 GPD to the same stream. In addition, effluent limitations for phosphorous will be reduced from 1.0 mg/l in the 1988 SPDES permit to 0.05 mg/l; and seasonal limitations for nitrogen will also be required. The Department's decision on the revised draft SPDES permit remains contingent on the applicant's formation of a sewage works corporation in accordance with Article 10 of the New York State Transportation Corporations Law, or satisfying the criteria for a variance pursuant to the Department's SPDES regulations contained in 6 NYCRR Part 752.1 (f).

Availability of Application Documents: Copies of the filed application documents and Department draft permits are available for inspection during normal business hours at the Department's Region 3 office located at 21 South Putt Corners Road, New Paltz, New York 12561. Please call: Scott E. Sheeley at: (845) 256-3041 or e-mail to: r3dep@gw.dec.state.ny.us if you wish to schedule an appointment to review these records.

State Historic Preservation Act (SHPA) Determination: Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological site or historic structure has been identified at the project location. No further review in accordance with SHPA is required.

Public Hearing: As a result of the comments received after publication of the notice of complete application in February 2008, the Department staff has revised the draft SPDES permit and determined to hold a legislative hearing to receive public comment. The hearing to receive comments on the available draft permits and permit applications will be held on Wednesday, September 24, 2008 at 7:00 p.m. at the Knights of Columbus, 10 Fair Street, Carmel, New York.

It is not necessary to file in advance to speak at the legislative hearing. All those individuals, organizations, and businesses who wish to provide comments are encouraged to attend. Lengthy statements should be in writing and summarized for oral presentation. Written comments are also welcome up to and including October 6, 2008 and should be mailed to Scott Sheeley at the address noted below. Equal weight will be given to both oral and written statements. The hearing location is reasonably accessible to persons with a mobility impairment. Pursuant to the State Administrative Procedure Act (SAPA), interpreter services shall be made available to hearing impaired persons, at no charge, upon written request to Scott Sheeley at the address noted below.

Department Staff's Position: The NYS DEC staff has tentatively determined that the proposed project is in accordance with all applicable environmental laws and regulations and has produced draft water supply and SPDES permits for the public's review.

For further information, contact:

Scott E. Sheeley
NYS DEC - Region 3
21 South Putt Corners Road
New Paltz, New York 12561
Phone: (845) 256-3041
E-mail: r3dep@gw.dec.state.ny.us

Footnotes:

1. Historic permits and current permit applications for this proposal have been issued and submitted under the following entities:

Public Water Supply: Kent Acres Development Company, Ltd.
c/o Joseph Cioccolanti
2022 Route 22
Brewster, New York 10509

Sanitary SPDES:- Kent Manor Homeowner's Association, Inc.
c/o RFB, LLC Charles V. Martabano
c/o Terrapin, LLC
120 Main Street, P.O. Box 593
Mount Kisco, New York 10549

Freshwater Wetlands, Protection of Waters, Section 401 Water Quality Certification: RFB, LLC
c/o Charles Martabano
120 Main Street
Mount Kisco, New York 10549
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