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

Olive Town Clerk Sylvia Rozelle Responds to My Freedom of Information Law (FOIL) Request

Click on the image to see a full size copy.

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.