FOIL Requests Re Town of Olive Route 28 Scenic Bypass

PO Box 130

West Shokan, New York 12494

July 19, 2012

Ms. Sylvia Rozelle

Town Clerk

Town of Olive

PO Box 180

West Shokan, NY 12494

Dear Ms. Rozelle:

At a recent public meeting Town Board member Bruce Lamonda stated that he had revised the Town of Olive Plan. When I e-mailed him for a copy, he said that it is not available.  Either there is a revised plan or there isn't.  Please state which.  If there is a plan,  I would like to see it.  

Today I have heard allegations from another Town of Olive resident that the town has conducted secret meetings with the Department of Environmental Preservation and Department of Environmental Conservation and has offered to transfer zoning authority to them.  

Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request a copy of records or portions thereof pertaining to (or containing the following):

The revised Town of Olive Comprehensive Plan to which Mr. Lamonda alluded.

If the allegations are true, copies of all correspondence, signed agreements, and other documents between the Town of Olive and the Department of Environmental Preservation or the Department of Environmental Conservation concerning transfer of zoning or other legislative authority.

I understand there is a fee of $.25 per page for duplication of the records requested.  If the fee exceeds $20, please contact me before duplicating the records.

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.

845-657-846

mlangbert@hvc.rr.com

PO Box 130

203 Watson Hollow Road
West Shokan, NY 12494

July 19, 2012

Records Access Officer
NYS Department of Environmental Conservation
625 Broadway
Albany, New York 12233-0001

Re:      Freedom of Information Law Request for Records Regarding Central Catskills Collaborative and Scenic Byway Nomination Final Draft of Project Description

Dear Records Access Officer:

Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request a copy of records or portions thereof pertaining to (or containing the following):

The Route 28 Corridor Byway Plan, either 130 or 230 pages depending on conflicting media reports, associated with the Route 28 Central Catskills Scenic Byway Nomination Final Draft of Project Description. 

A copy of any Town of Olive Plan your department has drafted or negotiated as part of the negotiations concerning the Byway Plan.

A copy of the Route 28 inventory associated with the Byway Plan

Copies of all correspondence between your department and the Catskill Watershed Corporation and your department and the Town of Olive concerning the 28 Corridor Byway Plan.

Minutes of meetings concerning the above-referenced plans, specifically including any discussions of  transfer of  zoning functions from Olive or other Route 28 towns to your department.

I understand there is a fee of $.25 per page for duplication of the records requested.  If the fee exceeds $200, please contact me before duplicating the records.

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.

845-657-846

mlangbert@hvc.rr.com

PO Box 130

203 Watson Hollow Road
West Shokan, NY 12494

July 19, 2012

FOIL Records Access Officer
Department of Environmental Protection
59-17 Junction Boulevard, 19th Floor
Flushing, NY 11373

Re:      Freedom of Information Law Request for Records Regarding Central Catskills Collaborative and Scenic Byway Nomination Final Draft of Project Description

Dear Records Access Officer:

Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request a copy of records or portions thereof pertaining to (or containing the following):

The Route 28 Corridor Byway Plan, either 130 or 230 pages depending on conflicting media reports, associated with the Route 28 Central Catskills Scenic Byway Nomination Final Draft of Project Description. 

A copy of any Town of Olive Plan your department has drafted or negotiated as part of the negotiations concerning the Byway Plan.

A copy of the Route 28 inventory associated with the Byway Plan

Copies of all correspondence between your department and the Catskill Watershed Corporation and your department and the Town of Olive concerning the 28 Corridor Byway Plan.

Minutes of meetings concerning the above-referenced plans, specifically including any discussions of  transfer of  zoning functions from Olive or other Route 28 towns to your department.

I understand there is a fee of $.25 per page for duplication of the records requested.  If the fee exceeds $200, please contact me before duplicating the records.

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.

845-657-846

mlangbert@hvc.rr.com

Town of Olive, Board Member Bruce Lamonda, Olive Town Board, and Supervisor Berndt Leifeld Mismanage Special Reserve Funds

The Town of Olive has mismanaged its special reserve funds according to a report from the New York State Comptroller's office. 

http://www.osc.state.ny.us/localgov/pubs/lgmg/reservefunds.pdf

Points from the above report that should have been brought up at the October 10, 2011  meeting:

Currently, the Town of Olive does not budget reserve funds in its annual budget.  This is poor practice. Written reserve fund policies ought to be developed.  Legal counsel concerning the establishment and continuation of funds needs to be sought on an ongoing basis. The board should be provided with ongoing reports of reserve fund activity. There should be ongoing review of reserve funds and on-the-record discussion of whether the reserves are reasonable and necessary.  Reserve balances should only be retained at appropriate levels. The board should openly discuss whether the needs of taxpayers are being met. Boards should also periodically assess the reasonableness of the amounts accumulated in their reserves. All reserve fund transactions should be transparent to the public. 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.

In general, boards should behave as though they have fiduciary duties to the public.  That means disclosure and reasonable discussion of management policies that are public.  Reasonable discussion includes evaluation of the purposes and limits of the reserve funds, and whether the funds ought to be discontinued.  

Quotations from the above report:

1.       Reserve funds should be used for appropriate, stated purposes that are well designed. They should not be parking lots for excess cash.

2.       Local governments and school districts should balance the desirability of accumulating reserves for future needs with the

      obligation to make sure taxpayers are not overburdened

3.      There should be a clear purpose or intent for reserve funds that aligns with statutory authorizations.

4.      Each statute that authorizes a reserve fund should set forth a particular underlying purpose for the fund.

5.      All too often, however, reserve funds are established and substantial cash is accumulated without due diligence in monitoring the reasonableness of reserve fund balances.

6.      Is the board provided with periodic financial reports on reserve fund activity?

7.      Are reserve balances at an appropriate level?

8.      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.

9.      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.

10.  All reserve fund transactions should be transparent to the public.

11.  Ideally, amounts to be placed in reserve funds should be included in the annual budget.

Vanacore Speaks Out On Incompetence, Corruption in The Town of Olive

I just received this e-mail from a correspondent covering the Town of Olive Budget Meeting. I am still getting over a drawn out cold. Notice that the correspondent is accusing a reporter, Gary, for the Olive Press, the Town newspaper, of relying on one-sided accounts of Town meetings from die hard partisan Democrat Sylvia Rozelle. I guess the Olive Press learns its reporting techniques from the major market newspapers and network television. Since American media is generally little more than (Democratic Party) partisan propaganda, it can never be relied on to report news. The Olive Press seems to be reaching for the stars and must be proud that its methods parallel those of the best-known Democratic Party newspapers and television stations.

The correspondent also points out that no one in the Town understood a resolution on retirement benefits but the board passed it anyway. My correspondent probably does not know that I wrote my doctoral dissertation on the subject of cognitive limits on rationality in the administration of pension law. Likewise, I ran into our committee person Craig Grazier flagging cars because of an accident on Route 28. Indeed, I got lost on the detour and about 20 cars following my lead all got lost too, speaking of cognitive limits on rationality.

>Hope you are feeling better...

I attended the short and sweet board meeting last night. As usual, it was a small turn out - and no press. I have to applaud Rita Vanacore for standing up and speaking out about the budget. Just as Berndt was about to take a roll call vote on passing the budget, she raised her hand and spoke out... "I know you are going to pass the budget - but I want to register my objection - I think you really should be tightening your belt and I feel that we should not be seeing any increase this year." Of course, that will not make the papers... you know Sylvia is not going to recount that to Gary so that it's printed.

>Her point is a solid one - if Berndt was attempting to reduce the budget instead of increase it, the unexpended balance of $475,000 WOULD have offset any increase. It's only because he would like to keep the status quo, and continue to have such large unexpended balances each year, that we end up with the increases. And of course, there is the cat and mouse game that is played with state aid each year. If you don't "need" it then you won't get it. I believe that is the way the Highway gets the "CHIPS" funds each year. If you lower the budget - you don't qualify. So there always must be an increase.

There were two resolutions - one was tabled because Helen Chase was not quite happy with the wording. The other had to do with Retirement Hours for workers. There is a new reporting system that needs to be done - and all employee hours for purposes of state retirement, were part of this resolution - perhaps it would be interesting to have a copy of it to better understand it. It was so confusing, they didn't even read the entire resolution - but passed it unanimously.

There will be two reports of interest coming up next month - the DEP will be reporting on the bridge repairs and the continuing saga of the bypass road they are building. That will be of interest since they will eventually be doing the railroad bridge in Boiceville as well as the 5-arch bridge in Boiceville. And of course the dividing wehr, or 15 arch bridge as some know it. Also the Esopus Creek issues will be discussed - this was postponed from a previous month - concerning flooding, I believe.

Peter was absent along with Craig & Donnie - most likely due to the horrific accident that closed 28 near the Pine View Bakery. I saw Craig flagging traffic when I left the meeting. I had hoped the road would be open, but it was not and I ended up helping a couple of folks trying to find their way over Bostock Mountain to Boiceville. With no signs - if you are not from here, you are easily lost - or at least think you are.

All in all, the meeting took a whole 30 minutes, even with all the confusion and discussion with Rita. Otherwise, it was pretty cut and dry. Bruce made a suggestion that turned into a "motion" and was seconded - that all cell phones be turned off during meetings. Rita actually suggested that they need to make an announcement at the beginning of meetings since many folks would not know of the "ruling" unless they were there. They thought that was a good idea.

Anyway - Tomorrow is the recount in Kingston - I wish I could be there - but I must work. I will be waiting to hear what happens. I'm hoping that Craig will edge Linda out. It would be great.
Talk to you soon,
XXXXX

Town of Olive Budget Badly Managed

It doesn't seem strange to Democrats that on the one hand their media, the New York Times and the like, have been announcing deflation while the Democrats raise taxes by 6%. Does it seem illogical to Democrats that taxes are going up when they are claiming that prices are going down? I guess not. Democrats are able to have prices going up and down at the same time. They are the Alice-in-Wonderland Party.

A correspondent attended the Town of Olive budget meeting. The Town officials here are wasters who have trouble answering questions and become insulting toward anyone who asks. In a town of about 4,500 people the Town is holding a near-million dollar bank account, rumor has it to build an un-needed office building. When people ask questions, the goosestepping socialists-in-power insult them.

My correspondent writes about the Budget meeting:

>...the Budget hearing the other night was a joke. There were the usual attendees - and a few people that seemed to be there as support to Berndt and company. Rita Vanacore was there - Donnie Van Buren was there - no press - and, oh yes - Linda Burkhardt's husband was there filling in for Linda... That's another joke...

Anyway, they shaved off about $100,000 from the original amount to be raised by taxes. Some of the area they used to do this were areas that they had capital reserves and could pull from them to offset any suspected deficit during the year. $20,000 here and $10,000 there -

They reduced some of the items they had high-dollared before - knowing it would be less actual cost - but still left a substantial amount that will likely be a cushion when all is said and done. They continued to undercut the expected revenues.

Berndt (Town Supervisor) is of a mind that by creating the unexpended balance, he can reduce the amount to be raised by taxes, without it creating too much of a stir each year. Few, if any, come and see what's happening. Even Berndt can't seem to see his own folly in doing things this way. If the budget numbers weren't inflated, there would be no need to raise the higher amounts. If things were more realistic, the amount to be raised by taxes would be the same whether you have the unexpended balance or you don't - he just can't seem to grasp that. What really bothered me was the Contingency account. They have allocated $75,000 to this fund - and 2008's balance was showing zero. So I asked what amount had been allocated to this account in past years - and was told it's always been $75,000... I'll have to look at some of my preliminary budgets - I still have them from when I was on the board... That amount conveniently disappears each year - what a slush fund that is...

I also have the percentages that each area has increased over last year. General Fund, Highway Fund, Fire District, etc. Overall, the amount that our taxes are going up will be 6.2%. There seems little chance of that changing at this point.

Bruce (Town Board) got quite impolite with Rita at one point during the evening... "I explain this again - what don't you understand about this?" He was rude and very demeaning to her query about the unexpended balance and how it works. She persisted and said that 11% of the budget is a large unexpended balance - and she would prefer to see much less - to which Berndt responded that "okay, so next year, when I come to you with only $75,000 in unexpended balance and have to raise your taxes even higher, you won't be so happy." and Rita responded back by saying that "she would rather have her money now than to be giving extra to the town."

Of course, there was no press at this meeting*...It infuriates me that this does not get out.

Then Berndt closed the public hearing for the night - and they started going over the bills and signing off on payroll. Sylvia passed out the minutes from the last meeting - and it was obvious that they were having their Audit Meeting. I believe that Berndt actually "announced" it as such just in passing - but nothing was brought up for discussion - and when all had finished doing that little chore, they closed that meeting and thanked everyone for coming. We were driving home at 8:32. So an hour. And not all of that for the budget.

It's amazing how asleep this town is. And it's a wonder why more people don't care. I don't understand it - and it truly makes me wonder why I bother to care so much.

Anyway - thought you would like to know a little more about what happened the other night.

*I'm not sure that our little local newspaper that comes for free in our mailboxes every two weeks is really "press". The writers are local hippies and housewives, at least one of whom is related to a Town official.

The Fog of Olive's Budget

Berndt Leifeld, Town of Olive Supervisor, released the Town of Olive budget today in the Town of Olive office in West Shokan, next to Davis Park. Several members of the Town of Olive Republican Committee were present as well as Mr. Leifeld (D), Town Clerk Sylvia Rozelle (D), Town Boardsmen Peter Freidel (R)and Bruce LaMonda (D), and several concerned citizens.

In 2004 Errol Morris released Fog of War, a two-hour interview of Robert McNamara (D), co-architect of the Vietnam War. The term "fog of war" relates to the inability of military commanders to avoid error. Even the best general will inadvertently lose men because of tactical or strategic blunders.

When it comes to government budgets, there is a different kind of fog from the fog of war. In a military setting, fog is unavoidable because it results from the technical, perceptual and other difficulties associated with the use of military violence. In the case of government budgeting, the fog is deliberate. Both parties have budget fog machines that blow aplenty so that budgets barely can be seen, and the Town of Olive is no different. Berndt Leifeld and his Democratic colleagues are ethical and act in good faith within the boundaries that government permits. Mr. Leifeld and Mr. LaMonda were supportive of questions and forthright in their answers. However, the fog has set down.

In particular, and this is consistent with required practice, the amount of reserve dollars on deposit is not mentioned. I am told that the amount of reserves that the Town of Olive is holding is allegedly in the seven digits, as much as two thirds of the Town's total tax bill of $3.3 million. This would be astonishing if true. We are in an environment where holding cash poses long term risks. Interest rates are at all time lows. The Federal Reserve Bank has taken a potentially inflationary stance, doubling the nation's bank reserves a year ago. Although deflation is possible, large cash positions are as much a crap shoot as investing in commodities.

Mr. Leifeld indicates that interest rates on the reserves are down 95%. According to the revenue line item "interest and earnings" on page 18, the amount fell from $28,000 to $5,000. Is this the time to be holding a cash surplus instead of cutting taxes? Usually, investors look for high returns, not low ones.

The budget indicates a reduction in expenditure on buildings from $69,000 to $52,000. This may be a costly reduction. If buildings are not maintained, then they have to be replaced. For too long the State of New York has allowed infrastructure to deteriorate while it has played budget games, squandering future generations' birthright for short run political gain and self indulgence. It would be a pity if the Town is saving $17,000 and in exchange spends millions to build new buildings.

The construction of new buildings in the coming years hardly makes sense. It is much better for the environment and more cost effective to rehabilitate existing structures, to include new extensions, rather than greenfield. Should the town be charging ahead with (a) current high tax rates while (b) cutting services simply to (c) build new town offices?

Although appropriations for highway general repairs are increasing by $276,212 or 4.6%, I am told that not all of this year's budget has been spent. Allegedly, the highway department was told that it must not use the full budget for this year but rather return funds of as much as $200,000 to add to the new building reserve fund despite deteriorating roads. For example, Piney Point Road is a roller coaster at the intersection of Route 28.

The budget reports that personal services costs for the Town Board, Justices, Town Supervisor, Assessors and Town Clerk, have increased. This is puzzling beause according to the Democratic Party media we are in a deflationary economy. Are we mixed up, or is it the New York Times, which keeps talking about recession, depression and deflation? If there's deflation, why are costs rising? And if there's inflation, why did the Democrats spend $5 trillion on bailouts, handouts to the ultra-rich.

Mr. LaMonda states that Workers' Compensation costs have escalated due to increased claims. Mr. Leifeld notes that the Town highway employees' labor agreement forces a four percent wage increase that is unavoidable. But social security is not going to increase this year, and low-income retirees cannot necessarily afford new Town buildings.

Town of Olive Conservative Caucus Nominates Vince Barringer

I attended the Town of Olive Conservative Caucus last night in the Town of Olive Justice Court on Bostock Road. The most remarkable thing about that building is that the men's rooms have two wooden doors. You open the rickety wooden door to the men's room and there's a small ante-room and then you open a second rickety wooden door.

The Town of Olive has a split personality. The Conservative Party has about 85 members and gets about 10 percent of the popular vote in the town. But the town is no longer Republican as it once was. In the late 1980s, I am told, the Republican majority became Democratic as immigrants from New York City, owners of weekend houses, rock stars (no kidding) and other Democrats moved to Olive. Thus, there is a split personality, with a large chunk of the population descendants or long time residents and a large chunk consumers of granola and yogurt. As in New York City, many of the Republicans are left of the Democrats, but the Conservatives can play a decisive role. The candidates need to seem conservative on fiscal issues but liberal on environmental and lifestyle issues. There is a healthy competition for the Conservative Party nod because of the area's split personality.

All of the town's incumbents are Democrats. The Democrats enjoy roughly a ten percent lead in enrollment. The Democratic town supervisor, Berndt Leifeld, has been supervisor since 1988, according to the Olive Press. Timothy Cox, an attorney with the Catskill Watershed Commission and a former Republican, is running for town justice. Bruce Lamonda (who I know from the Emerson Inn and Spa's workout room) and Linda Burkhardt are running for town council and Jim Fugel, who turned down a cross-nomination from the Republicans, is running for highway supervisor. Running unopposed is Sylvia Rozzelle for town clerk. The Democratic candidates are all worthy. However, Republican challenger Vince Barringer makes an excellent point: Leifeld has been serving for over 20 years and is the highest paid town supervisor in Ulster County and among the highest paid in the State. This is excessive given that the Town of Olive is a small town, with less than 4,000 residents.

The Conservatives gave the nod to most of the Republicans, and this was a positive step as their support was not given. Barringer got the Conservative Party nod for town supervisor. Two charming and capable Republicans, both excellent candidates, Don van Buren and Craig Grazier, got the nod for town board. But the compassionate and insightful Earla van Kleeck was nudged out by Tim Cox. Van Kleeck is a good candidate and has an excellent shot at town justice. The Republican candidate for highway supervisor, Chet Scofield, was unable to attend the caucus and was nudged out by Democratic incumbent Fugel.

The candidates spoke to about 20 Conservatives and roughly an equal number of observers, of whom I was one. One of the interesting phenomena of a small town is that the politics are a little less subtle than in Albany or New York City. Two of the Democratic candidates' children are enrolled Conservatives and one of these began to aggressively disrupt and argue when the Republican candidate for town supervisor, Vince Barringer, was speaking. Nevertheless, I thought the Conservative caucus meeting was very well run and the outcome overall is positive for the Republican cause.