Showing posts with label berndt leifeld. Show all posts
Showing posts with label berndt leifeld. Show all posts

Thursday, May 3, 2012

Town of Olive Homemaker Says No to Environmental Extremists

Glenda McGee, a 60-year-old homemaker, has taken a stand against radical environmental proposals put forward by a group that has proposed a scenic bypass plan for the New York Route 28 corridor. Led by Peter Manning, the group aims to complete New York City's century-long effort to grab land surrounding the Ashokan Reservoir and evict local residents at will.  The plan is couched in phony, radical environmental language, but it includes a proposal for a commercial bank friendly public housing project that would be destructive to the environment.  One might wonder why the town's elected officials would be eager to approve a plan that transfers zoning authority to a New York City-funded public-private partnership that has every reason to be antagonistic to the town's residents. The plan is proposed at the same time that Kingston, New York has proposed a stiff new inspection regime and has been doing walk-by inspections involving fining elderly homeowners in moderate-income neighborhoods for minor infractions.  The two-party system's attack on home ownership and private property is a concerted one.Those who have read up on UN Agenda 21 will not be surprised.

An Olive resident who mistakenly thought law suits to be confidential (you're in the Town of Olive, what do you expect?) asked me to serve the Town Supervisor with a law suit he brought himself related to objections to procedural and civil liberties implications of the same proposal.  I have been a process server a few times before,  and it's always fun to watch the defendant's expression--especially when he's a town supervisor. This is apparently the beginning of a series of law suits concerning the proposal and the fascistic, New York City-funded Catskill Watershed Commission.  I'm surprised that Timothy Cox, the Olive town justice who doubles as an officer of the commission, has yet to be investigated for conflicts of interest and violation of rules of judicial conduct.  I didn't think judges were supposed to function in a political capacity. 

McGee writes:

The Wrenching Transformation of Olive*

New York City Funds Their Vision for Land Use Control via the Scenic Byway Plan & the Draft Olive Comprehensive Plan.  In 1905, New York City annexed the best half of Olive – the rich bottom land - via eminent domain. Since that time, the rest of the annexation has been done incrementally and steadily via endless land purchases.

It appears that these two conjoined Plans were advanced to forge the legal weapons to achieve New York City’s annexation endgame. The Plans are craftily seeded with language that appears to lay the legal foundation for powerful weapons of land control and promote public housing development in the hamlets as well. The Plans are funded by New York City supported corporations, The Catskill Watershed Corporation (CWC) and the Catskill Center for Conservation & Development (CCC&D).

The Byway Plan is defined so broadly it covers the entire Catskill Corridor Regional Management of the Byway would be Administered by un-elected appointees acting as the Agent for 7 towns from Hurley to Andes.  Home Rule would be gutted: stripped of its zoning control – The NYS Court of Appeals has ruled that towns lose zoning control via the “Agency Act,” once an overarching regional agent such as the Adirondack Park Agency is established.  The Byway Plan seeks such Agency.

* Disclaimer: This is an opinion piece based on a massive citizen review of both plans, minutes from Plan meetings, presentations of the plans – and our layman’s interpretations of legal documents as the Town of Olive has hired no profession property rights attorney to review these Plans for our protection.

Urbanizing Olive, N.Y. – Follow the Money:

A “land use tool” called “transfer of development rights” would allow New York City to transfer its development rights from some portion of its 700,000 acres and sell them to developers for use in Olive’s hamlets. Supervisor Leifeld has already established an agreement with Ulster County designating Olive as a “high priority growth area.” That action allows Olive to participate in New York State’s fast track program for public housing approval. This was revealed in the Olive Comprehensive Plan and came as a shock to those of us who staked our real estate investment and decision to move to Olive based on its rural character. The Comp. Plan repeatedly states that it reflects the shared vision of the people of Olive, yet we have not spoken to anyone other than town employees or Planning Board members, who isn’t startled to learn that without a public hearing, a monumental change in our lifestyles and the value of our homes had been undertaken without general knowledge.

So it seems if these plans are approved, New York City can sell thousands of development rights to their pay to play friends with the connections necessary to participate in public/private housing partnerships. This would be a tremendous blow to the private housing builders and would require a disastrous environmental disruption. The Comp. Plan recommends massive infrastructure burdens on the taxpayers including extensive sidewalk and sewer projects.

New York City would reap a fortune from selling development rights, and we would be holding the bag of soaring school taxes and damaged real estate values.

But the biggest coup of all for New York City could be this: by installing a Byway Management Entity, NYC would no longer have to buy property to control it. They would no longer have to pay to displace people: A Byway zoning overlay could “coerce” people off their land for free via pressure from taxation and zoning burdens – and stop development everywhere & anywhere. We learned at the Shandaken Byway hearing last week that the State is already informing Business that the rules change if the Byway Plan is approved.

Without paying a penny, New York City could rule the Catskills in neo-feudalist fashion, and we would become the serfs carrying the tax burden.

Byway Pitchman say “NO” to Protections for YOU in the Byway Plan

If the Byway Plan goes forth, your perfectly legal house or business today could be in non conformance overnight. Last week in Shandaken, Scenic Byway Pitchman Peter Manning (paid by the CCC&D) denied Councilman Vincent Bernstein’s request to incorporate language within the document to protect property rights. In fact, without the grandfathering in of “all pre-existing, non conforming” uses of businesses, homes, signage, and all land use extant,” it seems anyone anywhere could be declared out of compliance.

The Byway Plan and the Draft Olive Comp Plan work hand in hand. Manning can deny that the Byway poses a problem in and of itself regarding a targeted issue, but in tandem with the Comprehensive Plan, a lethal assault on property rights can be forged.

Your House is a very very very BAD House

Detached private homes are a major factor in causing Climate Change according to the legal authority referenced for guidance in the Byway Plan. This attorney, John Nolon, advocates for establishing Regional Governance, and transitioning human settlement from our bad private homes into high density human settlement areas with a target of 20 units per acre. This notion of confining growth patterns to non private development corridors is referred to as “Smart Growth.” Ominously, Smart Growth is cheerfully referenced in both plans. Please ask yourself why a Byway Plan that claims it is about “Tourism Promotion” doesn’t refer to tourism experts. What John Nolon writes about is crafting legislation that “immunizes” regional entitles from litigation and “all types of attacks including claims that regulations constitute a taking of property without just compensation.” Nolon also explains how an Agent, like the Adirondack Park Association (APA) allows for legal taking of land for public housing “over the often strenuous objections of local residents." Do you think maybe New York City has something up its Byway sleeve? Why is our Town Board not throwing Manning out of the room?

Politician$ and Public Hou$ing:

Subsidized housing helps people live where they want to live. Public housing is about greed, human flock management, political corruption, and fleeces the taxpayers who subsidize sweetheart PILOT (Payment in Lieu of Taxes) deals.

A quick example: Steve Aaron of Birchez, a public housing developer in Kingston: 1-Gets $1.8 million from we taxpayers to build a subsidized housing project 2- Aaron gets a VERY low ($100 per unit) tax rate that must be subsidized by the taxpayer as well 3- He sends Gov. Cuomo a check for $87,800 4- He sends $5,000 to Sen Bonacic 5- He sends $9,000 to Rep.Vito Lopez in Brooklyn (public housing must legally reach out to collect people from a broad geographical and ethnic cross section to be in compliance) 6- Aaron pays the politicians on time but never seems to pay his taxes in time and in full.

We are standing up against wise guy builders, their greedy political friends, and their personal fortunes by opposing the Byway scam. We don’t know who Mr. Leifeld is listening to, but fortunately wiser heads in Shadaken and Hurley find this plan too troubling to approve.

We are amateurs doing a job that is for a professional attorney. But we are doing far more work, far more research, and we care much much more about you & our town that those who are on bended knee to City Power.

For his entire political career, Mr. Bruce LaMonda has waved the banner of Home Rule. It is fortunate in every man’s life when he gets the opportunity to stand proudly by the core values he has espoused. This Byway Plan provides such an opportunity as without land use control – Home Rule is dead.

One more Byway Joy: one of the big goals of the Byway are massive infrastructure plans to redesign Route 28 so as to “slow traffic” with curb bump outs and a roundabout – that somehow seems like it would require property confiscation. And make every sane person drive somewhere else.

THE NEXT TOWN BOARD MEETING: Tuesday May 8th 7:30pm
Will They Be Holding a Byway Vote? They Won’t Say Yet.
Kindly Express Your Concerns and Do Your Own Research
Feel Free to Call Supervisor Leifeld at 657-8118

Saturday, October 1, 2011

Town Special Reserve Accounts--a riddle, wrapped in a mystery, inside an enigma

 
Via E-mail and US Mail

PO Box 130
West Shokan, NY 12494
October 1, 2011

Supervisor Berndt Leifeld
PO Box 180
West Shokan, NY 12494
845-657-8118
FAX 845-657-6117

Dear Supervisor Leifeld:

At the recent Town of Olive budget workshop several citizens raised the question of balances in special reserve funds being used for emergencies such as the recent tropical storm devastation.  Your response was that money in reserve funds cannot be used for purposes other than those designated in the accounts.  Your claim is false because special reserve accounts can be reduced or dissolved.  I located a policy statement of the New York State Comptroller’s Office located  at: http://www.osc.state.ny.us/localgov/pubs/lgmg/reservefunds.pdf .   The report states:

When conditions warrant (subject to legal requirements), the board should reduce reserve funds to reasonable levels or liquidate and discontinue a reserve fund that is no longer needed or whose purpose has been achieved.

The report implies that different reserve funds are subject to different methods of dissolution or reduction.  As well, the report states:

Because of the complexity of some of the legal requirements relating to the establishment, funding, expenditure, and dissolution of reserve funds, we encourage local officials to consult with their municipal attorney.

I assume that you have done so and can produce letters to and from lawyers as to the statuses of the various special reserve funds.  As well:

(R)eserve fund(s) should be established with a clear intent or plan in mind regarding the future purpose, use and, when appropriate, replenishment of funds from the reserve. Reserve funds should not be merely a “parking lot” for excess cash or fund balance.

The report also gives some guidance as to prudent oversight of reserve funds:

Reserve funds can be excellent financial planning tools when combined with a realistic analysis of future financial needs and obligations. All too often, however, reserve funds are established and substantial cash is accumulated without due diligence in monitoring the reasonableness of reserve fund balances. To help ensure that reserve funds are being properly established for an authorized and needed purpose, and the balances in existing reserve funds are not accumulated excessively or unnecessarily, governing boards should answer the following questions:
  • ·         Has legal counsel provided guidance on the authority to establish new reserve funds?
  • ·         Has the financial need or purpose served by the reserve been identified?
  • ·         Does the reserve fit within or complement the long range financial or capital plans of our locality?
  • ·         Has a written reserve fund plan or policy been developed?
  • ·         What events and obligations is the board planning for?
  • ·         Is cash being accumulated for the purchase of a major piece of equipment or to help finance other major capital outlays?
  • ·         Is cash being sequestered to help mitigate the impact of other large, nonrecurring expenditures?
  • ·         Are there risks that need to be protected against?
  • ·         Does the board’s policy address replenishing depleted reserve balances, as appropriate?
  • ·         Is the board provided with periodic financial reports on reserve fund activity?
  • ·         Are reserve balances at an appropriate level?
  • ·         Has the board reviewed all reserve funds currently established and determined if the balances are necessary and reasonable?
  • ·         Is there a limit on the dollar amount to be accumulated?
  • ·         Is the reserve serving the purpose for which it was established?
  • ·         Are the best interests of the taxpayers being met?
  • ·         Any governing board that is planning to establish and finance reserve funds on a regular basis should develop a written policy that communicates to taxpayers why the money is being set aside, the board’s financial objectives for the reserves, optimal funding levels, and conditions under which the assets will be utilized. Boards should also periodically assess the reasonableness of the amounts accumulated in their reserves.
  • ·         When conditions warrant (subject to legal requirements), the board should reduce reserve funds to reasonable levels or liquidate and discontinue a reserve fund that is no longer needed or whose purpose has been achieved.

The last three bullets address questions that citizens asked you and that you failed to answer.  Surely you have addressed all of the concerns listed in the above bullets, and I now request you to apprize the public of your deliberations, due diligence, and thoughtful planning at the next town meeting.  Alternatively, I can send an additional freedom of information law requesting documentation of your compliance with the Comptroller’s guidelines and take the information to the media.  As a local gadfly, I anticipate your response with interest.

Sincerely,

Mitchell Langbert, Ph.D.

Freedom of Information Request Regarding Town of Olive's Agenda 21- and Section 8 Housing-Driven Comprehensive Plan

Via E-mail and US Mail
Freedom of Information Law Request

Ms. Sylvia Rozzelle
Town Clerk
Town of Olive
PO Box 96
West Shokan, NY 12494
October 1, 2011

Dear Town Clerk Rozzelle and Supervisor Leifeld:

Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request records or portions thereof, or to inspect such records if copying costs exceed $50, pertaining to (or containing) the following:
-All correspondence, meeting minutes and invoices that mention the proposed Comprehensive Plan
-All correspondence, meeting minutes and invoices that mention the Rudikoff consulting firm, including, but not limited to, any invoices received from the Rudikoff firm immediately following the August 8 meeting.
-All correspondence concerning the legality of transfer of development rights mentioned in the draft comprehensive plan
-All correspondence and minutes of any meetings with with Rupco or any of its directors or officers
-Regarding potential paid work for the Town of Olive, all correspondence with Mr. ...  and minutes of any meetings with him
-All correspondence with Tongore Pines Housing Development Co. and minutes of any meetings with any of its directors or officers
-Minutes of any meetings held in the past five years and any correspondence concerning establishment of special revenue funds or any other encumbrance of specific or special purpose funds
If there are any fees for copying the records requested,  please supply the records without informing me if the fees are not in excess of $50. If they are above $50 please advise me when I can inspect the records in person.

As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request. Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly. If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.
        
Sincerely,
Mitchell Langbert, Ph.D.
PO Box 130
West Shokan, NY 12494          
845-657-8460

Wednesday, August 17, 2011

My Letter to Berndt Leifeld Re Olive's Agenda 21-Driven Town Plan

PO Box 130
203 Watson Hollow Road
West Shokan, New York 12494
August 17, 2011

Supervisor Berndt Leifeld
PO Box 180
West Shokan, NY 12494
845-657-8118
FAX 845-657-6117

Dear Supervisor Leifeld:

I have enclosed my comments and notes on the proposed comprehensive plan for Olive.  As I remarked in the meeting on Tuesday, it might be best if the current attempt at a plan is scrapped and an attempt is made by your office in conjunction with a representative sample of town residents to draft a legitimate plan that reflects the interests of the town in general rather than the ideas of a politically correct consultant.  In its current form the comprehensive plan is not a plan but an ideological rant in favor of the ideas of the International Council of Local Environmental Initiatives (ICLEI; see www.iclei.org) and UN Agenda 21 (at http://www.un.org/esa/dsd/agenda21/). In other words, the current plan is an ideological screed in favor of the globalist environmental movement and has little to do with Olive. 

The plan mentions retro-fitting, commercial and development guidelines, forcing economic development to fit the tourism industry, smart growth, incentive zoning, clustering, transfer of development rights, a recreation plan, and an open space plan. All of these points should be eliminated. Riparian buffers should be advocated only where they do not increase costs to property owners.  Olive should be certain that new regulations do not cause economic harm to residents.  Farmers should be treated fairly, not subsidized.  Land acquisition harms Olive's tax base and should not be encouraged.  Development is best planned by those able to assume risks--entrepreneurs. The town is not equipped to create lodging facilities. You might inquire with the owners of the Emerson Resort and Spa as to their profitability before throwing money away.  Environmental education is not Olive's business.  Building codes should not be revised unless there are advantages to consumers.  LEED and green building approaches should be voluntary, not compelled by superstitious advocates.

I do not see why the single guiding value that the town adopts needs to be the "green" fanaticism that the document expresses.  In reality, private property is much more important to the town, and the document should indicate respect for private home ownership and light taxes as necessary to preserve the remnants of a culture that has existed here since the 18th century.   As well, use of the automobile is central to the lifestyle of nearly 100% of town residents, and support for its continued use should be mentioned in the Town plan rather than the preposterous claim that all the officers in your town government had better walk home from work.  As well, the values of respect for human liberty, freedom of expression, freedom of exchange, private property rights, and the Constitution of the United States should all be given priority over environmental concerns, which should not be mentioned at all.

Any proposal for expenditures and regulations such as kiosks, bicycle paths, a town community center or rules concerning changes to the building code should be discussed in terms of costs and benefits. All economic activity involves trade-offs and opportunity costs. Taxes and other costs can and frequently do result from projects and regulations that harm moderate income residents. The result is the opposite of encouraging community.  The tax and opportunity cost effects of all proposed projects and regulatory changes, including building code changes, adoption of LEED standards, and the like, ought to be discussed. Discussing vision without linking the vision to budgets is irresponsible.

A community needs to precede a community center rather than the reverse.  I am skeptical that there is much of a community here in Olive. Evidence includes the attempt of some of the local environmental extremists to ram a plan through while ignoring the possibility that a significant number of residents disagree with their environmentalist superstitions.  

Please excise all use of the words "green," "greening," "sustainability," "LEED," and "environment."  The environment is already beautiful here. We do not need to improve it.  Nor is there a need for regulations concerning architectural character. One of Olive's strengths is its residents' imaginations; suppressive town interference will be destructive.  

The desirability of light manufacturing and other economic development that is consistent with other objectives (such as the town's rural character and tourism) should be mentioned early on, not relegated to page 18.  The claim that tourism should be encouraged at the expense of other industries should be eliminated.  Conservation easements and other ways to limit free use of land should not be encouraged.  A limited and vacuous term like "eco-tourism" should be excised.  It should not be given tax subsidies or preferences over other legitimate economic activity.  

The question of traffic speed depends on several factors. Although some businesses would benefit from slower speeds, other businesses would be hurt. Those who commute to Kingston would be hurt by slower speeds.   As well, the section on economic development is useless and should be excised.

In sum, the plan is defective and should be scrapped.  The revisions that I suggest on the attached outline are preliminary and insufficient.  A better approach would be briefer, more general and would not be an expression of environmental extremism.

Sincerely,

Mitchell Langbert, Ph.D.


 Plan Section                                                               Comment
P. 5 The Town of Olive Comprehensive Plan seeks to guide and
provide for sustainable growth while preserving the core values
of the Town. Olive

The word "sustainability" is a meaningless  ideological buzz word that does not represent the aims of a large segment of the community. Its use is divisive, and it should be excised.
P. 5 New or enhancements to existing regulations, designed to
promote and protect the natural environment could be considered and implemented.
The environment in Olive already is beautiful, and is a major asset. No new environmental regulations are needed. This aim does not reflect the needs of the working and lower income population of Olive, who have been forced into under-employment by the poor economy.  The environment is already quire beautiful and it does not need augmentation.
P. 5 These could encourage
green building elements, and guide future residential and commercial development in regard to land use compatibility.
Green building is a vacuous term. The organization Leadership in Environmental and Energy Design (LEED) bases its standards on the opinions of industry activists, not science. There is a law suit currently brought by Harry Gifford and his associates calling green building and LEED to be little more than fraud. The term "green building" could easily be used to exclude wage earners from the Olive community. 
P. 5 Architectural styles, landscaping, and other related aspects could be respective and consistent with Olive’s character.
Olive does not have an architectural character. This statement is an aim to exclude those who do not fit the caprice and whim of town government and may force children of poorer residents to leave the community
p. 5 Existing hamlets could be strengthened to better serve community needs, enhance the identity and character of the community, and to provide a safe, walkable, and
interconnected environment.
The aim to provide a walkable and interconnected "environment" is an irresponsible goal and evidences the incompetence of the planning process and the Rudikoff firm. I would urge the town to dispense with the Rudikoff firm and design a plan from scratch… a redesign sensitive to calming traffic on this major highway is necessary to meet Olive’s community
residential, business, recreational, and tourism needs. In
P. 5 Olive’s natural, recreational, and cultural assets could be promoted through Tourism… a redesign sensitive to calming traffic on this major highway is necessary
On the one hand, the plan calls for increasing traffic through tourism (other businesses such as construction and light manufacturing are to be violently suppressed through green policies). On the other hand, the plan calls for expensive road enhancements and additional policing.  We already have too much policing.  According to Traffic Calming.org the three "e's" of traffic calming are engineering, enforcement and education.  Since the town doesn't engage in highway safety education, What Rudikoff is advocating is more police and expensive road improvements that will harm taxpayers. Jobs will go to firms outside Olive.
P. 5 Encouragement could be provided for conservation easements…
This is a proposal to transfer of land from private owners to government. I oppose it and the ignorant environmentalist superstition on which it is based.
From Wikipedia:
In the United States, a conservation easement (also called a conservation covenant or conservation restriction) is an encumbrance — sometimes including a transfer of usage rights (easement) — which creates a legally enforceable land preservation agreement between a landowner and a government agency (municipality, county, state, federal) or a qualified land protection organization (often called a "land trust"), for the purposes of conservation. It restricts real estate development, commercial and industrial uses, and certain other activities on a property to a mutually agreed upon level. The property remains the private property of the landowner.
The decision to place a conservation easement on a property is strictly a voluntary one where the easement is sold or donated. The restrictions of the easement, once set in place, "run with the land" and are binding on all future owners of the property (in other words, the restrictions are perpetual). The restrictions are spelled out in a legal document that is recorded in the local land records and the easement becomes a part of the chain of title for the property. Appraisals of the value of the easement, and financial arrangements between the parties (land owner and land trust), generally are kept private.
The primary purpose of a conservation easement is to protect land from certain forms of development or use. Lands for which conservation easements may be desirable include agricultural land, timber resources, and/or other valuable natural resources such as wildlife habitat, clean water, clean air, or scenic open space. Protection is achieved primarily by separating the right to subdivide and build on the land from the other rights of ownership. The landowner who gives up these "development rights" continues to privately own and manage the lan

P. 5 …and other techniques resulting in additional dedicated forest, wild and agricultural lands such as tax stabilization or tax reduction programs.
Tax reductions to some will mean tax increases to all. Since Olive already has wonderful forests maintained by New York State, this proposal is idiotic and one more example of Rudikoff's incompetence.
P. The Town could advance its efforts for open and continuous dialogue with NYCDEP, and increase its participation in the ongoing planning studies currently underway within the region affecting Olive and the surrounding area.
The proposal that a New York City agency should plan Olive's economic and political life is outrageous.  New York City raped the Town of Olive a century ago. This ignorant and callous proposal reflects the failure of this document and the firm that proposed it.
p. 7 Establishment of a centralized place for community services and events could serve as a catalyst to expand  opportunities for residents to meet and revive social
community networks.
The establishment of social networks should precede the construction of expensive and so far pointless community centers whose purpose is unknown because the community networks do not exist
P. 7 Promotion of the Town’s business community is encouraged through the development and expansion of compatible recreational and eco-tourism uses engaging the scenic and natural resource qualities of Olive.
This limits the future to "eco-tourism," a vacuous term that should be eliminated  from this document.  Business SHOULD NOT be limited to "eco-tourism."
p. 7 "The Comprehensive Plan addresses the need for transportation adjustments, explores potential energy sustainability measures, identifies potential funding opportunities, and places the Town of Olive in the context
of current, ongoing regional planning studies.
"Energy sustainability" is an ideologically driven concept that is meaningless. Its meaning depends on economic and scientific data that no  one in Olive, nor in the world, has. Its use is ignorant and should be excised. No transportation adjustments are needed. This phrase should be eliminated as well.
P. 7 The Comprehensive Plan examines the integration of measures for protecting the surrounding watershed and the
Town’s significant natural and historic resources.
This should be contingent upon expanded subsidies from New York City.  Why should Olive subsidize New York City's water supply?
P. 8 left column

Sustainable Community Planning – Addressing:
.. Town Sustainability (Community Services and
Agencies, Public Infrastructure, Residential and
Economic Development)
.. Energy Conservation
.. Greening Measures
This section should be eliminated. There is no need to take any steps because the town is sustainable as it is.
P. 8 Right column

The Town of Olive presently lacks an
identifiable center or place for community facilities and principal gathering activities for residents to meet and revive the social and “old school” community network. A new Town Hall, centralizing community services and meeting facilities, could become the catalyst for this.

This is an example of incompetent, modernistic thinking whereby large scale structures are erected with the aim of creating community. Structures should reflect community, not the other way around.  This ignorant claim would raise taxes. Any "plan" for construction needs to be accompanied by a discusson of costs as well as benefits. There is no discussion of the tax impact here.  This is another example of the wealthier town residents using their access to town government to attack working property owners.  What would be the effect on taxes? The construction of large, centralized facilities in New York City destroyed and did not create community. The Rudikoff firm displays its incompetence here.
Traffic speed and volume on this major
recently improved and repaved two-lane State Highway hinders the development of pedestrian friendly hamlet centers
This section contradicts the emphasis on eco-tourism. Without a vibrant, multi-faceted business community, pedestrian traffic is a costly fantasy. The problem is not traffic speed but lack of population. Without industry, no population. Wiithht population, no pedestrians. Without pedestrians, no sidewalks.  In other words, this plan puts the cart before the horse.  
P. 9 The Town could coordinate with
NYCDEP for the incorporation of a bicycle path along this scenic roadway, which is presently under reconstruction and realignment (0.4 miles of new construction and  approximately 2.1 miles of realignment and reconstruction;
scheduled to be completed by December 31, 2011).
If the town can induce DEP to build bicycle paths on 28A and 28, then this is a good idea. The town should not do it at its own expense until bicyclists spend money here, which they generally do not.
P. 9 The Town’s current land use regulations (i.e.
Zoning Code, Subdivision Regulations and Highway Specifications) could be reviewed to ensure that Olive’s current residential development pattern can be maintained
if future development pressure for year-round and/or seasonal residences may increase.
Because the plan already says that building has slowed and because of the large amount of available land, this section should be eliminated because it is superfluous.
 P. 10 Private Forest Lands — Like publically owned state forest lands, undeveloped private forest lands helps maintain large contiguous tracts of forest habit, protects water quality
and preserves rural visual character. These lands however, are not necessarily protected for the long term and in many instances are a family’s economic asset. Owners of forest lands wishing to preserve but needing an economic return could be forced to sell to meet tax obligations, particularly land owners of forested land tracts under 50 acres not located within the NYCDEP watershed.
The Town ought not interfere in private property rights of current owners.  This section should be excised.

NYC Route 28A Bicycle Path — As noted above, the incorporation of a safe and recreational bicycle path could be developed along this scenic roadway.
The town should develop a bicycle path IF DEC assumes 100% of the cost.
Pp. 9-10 Section called Economic Development
This section should be excised. There are numerous other potential businesses that could be developed that do not contradict the aim of visitors who aim to bicycle. These include light manufacturing and service businesses.  This section is an example of financially set, wealthy town residents aiming to use socialist planning to economically harm working town residents.  Alternatively, if the authors really believe that they can "plan" economic development, they are committing the same fallacy that the Soviets committed.   Planners are not capable of anticipating economic change, so economic plans are destructive of public well-being.
P. 11 The above noted development of a safe bicycle path along
The plan should indicate the anticipated costs to the Town of Olive of constructing a bicycle path.
P. 11 Commercial Development Controls

and lack of an interconnected and
walkable environment.










NYS Route 28 traffic conditions and
speed limit also create a discouraging environment for new
businesses relying on the need to divert passing traffic to
turn off this major highway and stop.

This section is excessively antagonistic to new business development. It should state that commercial development consistent with the Town's rural character is encouraged, to include all forms of commercial development.  The lack of a walkable environment is irrelevant to commercial development.  It should state that automobile accessible sites are desirable and should be encouraged especially because  they permit off-main highway development sites that do not detract from various forms of commercial development


Although speed may deter some business development, access to off-main highway light manufacturing, for example, may be encouraged by the 55 mph speed limit between Shokan and Boiceville. It is not necessarily the case that current speeds deter development.  Because walking is so infrequent the means of access, it is unlikely that emphasizing walking will contribute in any way
P. 12 Town Energy Efficiency and Sustainability
 "This relates to Town and public buildings’ energy use and operations, as well as retrofitting of existing homes and businesses by property owners or proposed new  development.
The word sustainability is vacuous and should be excised.


This section should be excised. Home owners should not be saddled with capricious energy requirements proposed by tentative or junk science and its zealous proponents.   The word "retrofitting" can be used to impose capricious costs such as large amounts of insulation, expensive chimneys, new forms of heating, illegalization of wood stoves and similar kinds of capricious rules.

The word "retrofitting" should be evicted from the plan, or Olive residents may find themelves evicted from their homes.



P. 12 It is not intended that the Town would specifically legislate or compel action in this regard but rather the Town would encourage economically viable opportunities as they present themselves and would encourage responsible parties to explore and consider making energy efficiency a part of their future property improvements, new construction, and Town operations.
If the Town does not anticipate action with regard to retrofitting, it does not need to mention this insulting concept in the Town Plan. There are many avenues for education about insulation and heating improvements. The Town is not a useful venue to provide educational opportunities in this area.
green operating
Substitute the word "cost efficient" for "green."  I find the word green offensive.
Efforts supporting and promoting the enhancement and revitalization of the Town’s hamlets by seeking grants and other financial means of advancing economic improvement such as main street revitalization program
could continue to be pursued aggressively.
Grants often come with strings attached. Grants should only be pursued if they do not require mandates, legal changes, additional costs, additional taxes or harm, such as retrofitting may cause, to existing residents.  Grants should be pursued "aggressively" only if they make sense.
Policies could be developed to support the establishment of a Focal Community Center such as in either Boiceville or
Shokan,
It is ironic that the imperative of a "focal community center" is divisive. A "focal community center" makes sense if (a) there is demand for it among the people who live here, not just the 25 people who framed this plan, (b) there really is a community, which is unclear, (c) the dubious community is not really a ruse to enforce the values of green shirts on everyone else and (d) if the costs of the community center are known.  What are the costs? What are the benefits?  Are you certain that there is a community demand for a community center?  Would you invest your own money into it?
P. 13 The Town could designate feasible and ample sites for future residential and commercial growth concentration in Olive’s existing hamlets, thus leaving the majority of the land in large lot residential, recreational, watershed, forest preserve, or agricultural use.
I disagree with this offensive suggestion. If the local green shirts want to move to Boiceville and live next door to the market, that is their privilege.  It should not be town policy to compel anyone to do anything along these lines.  This suggestion is out of step with the town's character. It should be deleted. It should read:

The Town should continue to encourage residential homes built on private property consistent with its current character. The town respects private property and depends on the automobile for its life. Both private property and automobile use are to be encouraged.
P. 13 Hamlet design guidelines and standards. Olive’s
hamlets have a unique settlement pattern, distinct architectural styles, and environmental settings. By creating design guidelines and standards specific to the unique characteristics of each hamlet, the Town  can ensure that future development blends into the
There should be no such guidelines. This section should be eliminated. Olive's charm comes from the imagination and spontaneity of its residents. A government mandate or planning board that interferes with residents' creative choices is an absurd and ill-advised error.
P. 14 Commercial development guidelines and standards. These could encourage coordinated
landscaping, lighting and signage design to extend the existing rural development pattern along the Town’s major thoroughfares (especially NYS Route 28 and
NYC Route 28A) in an attractive manner.
Opportunities for shared or central parking in Olive’s hamlets could be created to support local businesses.
This section is also in error. There should be no such guidelines. This section should be eliminated. Olive's charm comes from the imagination and spontaneity of its residents. A government mandate or planning board that interferes with residents' creative choices is an absurd and ill-advised error.
That existing zoning and development policies respond to the needs of the tourism industry.
Low-wage tourism jobs are not the only ones that might appear in Olive. Again, the incompetent planning process here limits opportunity and the possibilities for economic development.   This sentence should be deleted.

The Town could explore techniques to foster smart growth and greening measures through Incentive Zoning (allowing density bonuses and other incentives for development proposals that meet community
goals), Clustering (allowing zoning flexibility by grouping homes closer together to increase preservation and protection of important resources while minimizing road and utility infrastructure), and Transfer of Development Rights (directing growth away from areas of high sensitivity toward areas better prepared to receive growth).
 This section should be deleted. The town should not foster smart growth. The smart growth principles are listed on Smart Growth Online at http://www.smartgrowth.org/engine/index.php/principles/.
These include fostering public transportation, preserving open space, providing habitats for plants and animals. It also advocates "compact building design" which means that " communities be designed in a way which permits more open space to preserved." Olive already has considerable open space.  It is unrealistic to advocate public transportation here.  Smart growth also involves mix use development, which is appropriate to cities but not to rural areas. "By putting uses in close proximity to one another, alternatives to driving, such as walking or biking, once again become viable." This is inapplicable to Olive.  It also involves  politicization of land by advocating preservation of open space, farmland, natural beauty, and critical environmental areas.  Much of the land here has already been stolen by New York City.  This plan advocates more stealing, more encumbrances on your property rights.
P. 15Establishment of a Recreation Plan that addresses
There is no need for a recreation plan.
P.15 Establishment of an Open Space Plan to identify

There is plenty of open space because the City of New York has purchased much of the land. This should be eliminated.
Riparian buffers should be
Regulations concerning riparian buffers must not limit private property use or encumber current homeowners with expensive environmental rules. The current regulatory regime is sufficient to meet New York City's needs. Olive does not need to serve as an errand boy for New York City
Riparian buffers are vegetated areas next to water resources that protect water resources from nonpoint source pollution and provide bank stabilization and aquatic and wildlife habitat. The formal definition of riparian buffer is diverse and depends on the individual or group defining the term.
The USDA Forest Service defines a riparian buffer as follows:
the aquatic ecosystem and the portions of the adjacent terrestrial ecosystem that directly affect or are affected by the aquatic environment. This includes streams, rivers, lakes, and bays and their adjacent side channels, floodplain, and wetlands. In specific cases, the riparian buffer may also include a portion of the hillslope that directly serves as streamside habitats for wildlife.

P. 15 Establishment of steep slope controls and related
standards for development on hillsides could be
developed and incorporated into the Town’s
regulations.
Olive does not need to adopt additional regulations unless they protect existing property owners.
P. 15 Consider and establish policies and programs for
Conservation Easements, Transfer of Development
Rights and/or purchase of development rights and
other measures that encourage large landowners to
NOT develop their land just to be able to pay the
taxes.

Farmers are encouraged to continue farming. The
Town could seek to create an Agricultural Development
Area which could be given priority under a Purchase of
Development Rights program and/or serve as
“sending” properties for a Transfer of Development
Rights program.
Purchase of development rights (PDR) is discussed at http://ohioline.osu.edu/cd-fact/1263.html. It is a feudalistic concept and should not be adopted here.  Tax policies should be fair. Loopholes and privileges for elite, large parcel landowners should not be adopted. They are already here and they do not work.


Farmers should be treated fairly, not encouraged or discouraged.


P. 15 Encourage NYCDEP to continue their land acquisition program and to modify their land accessibility
practices.
 Land acquisition harms Olive's tax base. Why the town would want to encourage this is a puzzle. The City should not acquire more land.
P. 16 Develop a safe walking/hiking and biking trail network around the reservoir and throughout the Town
which connects the hamlet business centers with recreation/tourism nodes, including a connection
between the reservoir’s scenic promenade and  “Winchell’s Corner” (corner of NYS Route 28 and
Reservoir Road) and a Rail Trail.

Create cultural, historic and recreational Theme-
Trails as tourist oriented destinations.

Promote, support, and develop consolidated light recreation programs to attract day visitors, as well as maintain and foster youth camp opportunities.

Support the development and promotion of a creation
of an Environmental Center and Rural Tourism Museum to showcase and provide information about
Olive’s history, recreational assets and opportunities, cultural features, and natural resources. Develop,
support, and promote cultural educational seminars.  Support the extension of the existing Catskill
Mountain Railroad and/or development of a nonmotorized
rail trail for hiking and biking.

The costs of this should be made explicit. It should only be done at New York City's expense.

In general, the risks and expenses associated with risky development are best borne by entrepreneurs, not by naïve town officials.
P. 17 Foster the designation of State Forest into a
National Park / Greenway / National Forest.
It is outrageous that this plan offers support for Congressman Hinchey's short sighted and destructive proposal to create a National Park. This section should be excised. The effects of nationalization on governance and local rule of law need to be understood.
P. 17 Promote and support the preservation of important historic buildings, local landmarks, and cultural sites and resources…encourage retention and reuse of historic buildings
If this is to be done through regulation or legal mandate, that should be made explicit. The costs of doing this should be made explicit. The same goes for placing plaques. What is the cost?
Pp. 17-18 Design and install informational kiosks…visitor interpretive center…picnic center
What are the costs and benefits of existing information kiosks, visitor interpretive centers and picnic centers in the region?
P. 17 Encourage the creation of more lodging facilities for
visitors
If there is legitimate demand, this can be accomplished without the town's involvement.
P. 18 Even in the face of global changes in the manufacturing
sector, Olive can still serve as host to a variety of manufacturers and service based industries. The Town
could ensure that its industrial and commercial zones are
properly configured and prepared to serve as competitive
locations for existing and new businesses.
The interest in manufacturing should be expressed earlier in the plan. Rather than say that development should be compatible, say that compatible development should be encouraged.
Support the founding of a local economic development organization to promote and market the Town’s local existing businesses, to stimulate development in priority
growth areas, but also support existing farming operations
and initiate farm stands and/or an organized local farmers
market for locally grown and produced products.
Costs versus benefits?
Establish zoning and development policies that respond to the needs of the tourism industry.
If this is a viable business concept, then the nearby Emerson resort should be successful. Is it? What are the costs and benefits of such policies?
Ensure that Town policies support the extension of highbandwidth
Internet service to commercial and industrial sites in the Town
Do existing businesses want high bandwith service? What are the costs and benefits? What are the effects on potential new businesses locating here?
Plan and develop a sidewalk network in the Town hamlets
Costs and benefits?
Incentive Zoning – which allow density bonuses and
other incentives for development proposals that meet
community goals (e.g., provide a better pedestrian
network, expand recreation space, etc).
.. Clustering – which allows zoning flexibility (without
altering permitted maximum density) by grouping
homes closer together or in a way that increases
preservation and protection of open space, important
natural habitat areas, and scenic resources, while
minimizing road and utility infrastructure needed to
support such
These ideas misconstrue why development occurs in Olive. They should be eliminated.
Town application of greening measures in new construction, renovations, and maintenance of
governmental, public and community group buildings and facilities.
At time of development of new or expanded facilities design for and seek LEED or equivalent certification.
The term "greening" should be eliminated. Encouragement of LEED is inappropriate and should be eliminated.
P. 21 "Sustainable community planning."
The term "sustainable" is vacuous and should be eliminated.
Develop techniques to encourage smart growth. Smart
growth is the channelling of development into areas that are
easily served by existing public infrastructure in ways that
minimize future consumption of resources such as open
space, as well as providing that future development can be
served by a variety of transportation modes including
pedestrian access, bike trails, and transit as well as
individual automobiles.
Smart growth is not relevant to Olive's needs. This section should be excised.  Incentive zoning, clustering and transfer of development rights are also inappropriate.
Create and promote greening guidelines and establish
policies for implementing greening measures such as
the use of solar energy.
The superstitious "green" ideology of Al Gore, Goldman Sachs and the superstitious "green" movement should not be foisted on town residents who find these preposterous ideas offensive.  LEED should be pursued only where there are documented advantages.
Review current building code for new construction
and amend to encourage new development to
incorporate greening measures.
Building codes should not be revised unless there are documented advantages to consumers. This section should be omitted.
Develop and promote through organizations like the
Conservation Advisory Council educational programs
and materials that advocate and describe green
materials, and green techniques for buildings,
stormwater and other land use practices.
.. Research funding sources and inform residents
about options for greening grants and other support
resources / stimulus / financial resources (e.g., Town
could access incentives for sustainable building
practices, NYSERDA works with Towns, Green
buildings could become goal for Town structures and
businesses, existing pool could be refurbished with
solar / solar thermo / passive solar).
The Town should not be involved in green education or superstitious claims of "green educators."
Promote availability of sustainable information and
assistance including:
.. NYSERDA (New York State Energy Research and
Development Authority);
.. TSEC (The Solar Energy Consortium); and
.. DHCR WAP (Division of Housing & Community Renewal
Weatherization Assistance Program).
This section should be excised.
P. 22 Encourage consideration of greening materials and
measures for new construction and alterations of
existing structures requiring a building permit, and
where appropriate require low impact development and
implementation of greening measures in site design
and stormwater management practices. Encourage
sustainable building practices beyond the Energy-
Code, without making this a requirement.
Excise this section.  Crackpot "green approaches" should not be encourages unless they provide economic advantages to consumers.  Any reference to existing structures should be eliminated.
P. 22 Establish Green Building Guidelines consisting of a
series of standards and regulations designed to protect the natural environment, to promote green building elements,
and to guide future residential and commercial development architectural styles and landscaping for consistency with Olive’s character.
There should be no green building guidelines. This section should be eliminated.
Create Conservation Easement opportunities and other
tax relief measures generating similar forest preservation
for Olive’s south-eastern portion located out of the
NYCDEP watershed.
I agree with the low tax proposal, which the current town government has failed to do, but conservation easements are not the way. They raise taxes by limiting land development. Eliminate this self-contradictory section. Also, land easements are supposed to be voluntary, not based on tax incentives.