What has two ball fields, a third all-purpose field,
a small playground and a picnic area? Why the
"overblown" Camarda Park? Not overblown you say.
Right, it is essentially the "neighborhood park"
that Seminary Hill residents clamored for years
against the grandiose "Rec Plex" proposed by
official conceit. The plan included major league
stadiums, concession stands, press boxes,
amphitheater, senior center, bocci, basketball and
volley ball fields, roller rinks, Little League
Fields, parking for hundreds of cars in addition to
picnic areas and playground for toddlers." All
situated on 37 acres of the most topographically and
environmentally challenging land (impaired Croton
Falls Reservoir and West Branch of the Croton River
home to naturally spawning trout) and located on
Seminary Hill Road, known for its narrow and winding
curves and blind spots.
Would you agree this plan initially hatched in 2001
by the Del Campo administration and then
incompetently pursued by the Pozzi Administration
fits the definition of "overblown." Well the
residents thought so; Riverkeeper thought so; Trout
Unlimited concurred; the Watershed Inspector
General, Tierney, the DEP, the Croton Water Clean
Water Coalition and the Coalition to Preserve Open
Space, said so, not once but many times at Town
Board meetings, in letters and telephone calls over
this period.
Blame for ten "overblown" years lies squarely with
former Supervisor Pozzi and the loquacious Ravallo
who should have known better. Is he not the
$103,000 DEP Supervisor for sewer projects? And lest
we omit Furfaro (the author of that memorable
phrase, "we will have a third field for disorganized
sports) and the sports association member who
declared 20 deforested acres open space and of
course Camarda, who finds adhering to rules
inconvenient except for those he makes himself.
Together they demonstrated a contempt for the SEQRA
process, arrogantly ignored warnings from credible
environmental officials, dismissed legitimate
resident concerns and finally showed reckless
disregard for the present and future costs to Carmel
taxpayers. Anyone calculate the operations and
maintenance costs of this park? Where any site
alternatives entertained? No? Do residents
have access to all fields? If
not, then who pays for the cost of fields that are
not open to Hamlet residents but open exclusively to
participants from Kent, Patterson and even Southeast
who "pay to play" on sports association teams?
What would you call $2.3 million for a downsized
"neighborhood park?." What would you call
approximately $200,000 in engineering costs for
engaging a firm incapable of satisfying DEP
stormwater requirement, then having to engage a
second to complete the job. And how about the legal
fees for defending against the DEP suit filed after
a wronged -headed declaration that the project did
not have any environmental impact. Isn't
"overblown" appropriate?
The cash register kept clicking; the clock kept
ticking and running and quoting Camarda "instead of
in 2002, we're now here in 2009." And that is how we
got here. No revisionist history. Kudoes to the
residents of Seminary Hill who held fast to a vision
of a "neighborhood park" against the "overblown"
recyclers of the spin machine.
By
Dwight R. Worley •
dworley@lohud.com • June 21, 2009
CARMEL - A cloudy sky and a couple
raindrops couldn't stop yesterday's
opening of Paul A. Camarda Park -
the first recreation facility in the
hamlet.
As
parents pulled up in SUVs filled
with food, children hopped from the
vehicles and darted for the
basketball courts, tossed baseballs
back and forth, flung Frisbees and
played kickball.
"A
lot of people have been waiting for
this," said Paul Holman, shooting
hoops with his son, Ryan, 7. "These
fields are going to get a lot of
use."
The
town held a grand opening ceremony
for the park, which was attended by
Carmel Supervisor Kenneth Schmitt,
developer Paul Camarda Jr., who
donated the land and named the park
after his father, and other local
officials. Even with the rain, the
park got a lot of use on its first
day with a picnic under a white tent
and an awards ceremony for Little
League baseball players.
The
37-acre park, which cost about $2.5
million, is ringed with trees and
sits near a trout fishing stream off
Seminary Hill Road. It holds two
baseball fields, a basketball court,
a large open field for soccer or for
use as a picnic area, and a
volunteer-built children's
playground with swings and a jungle
gym.
Muriel Cornish donated $30,000 to
the Carmel Sports Association, which
gave the money to the town to build
an open pavilion in the park.
Schmitt said officials are preparing
to solicit bids for the
25-by-50-foot structure, with plans
to have it completed by the end of
the summer. Plans for the park also
include restrooms and nature trails,
he said.
"The town needs this," said Sandor
Kozma, 38, who visited with his
three children. "The kids will have
a place to play, away from traffic
and close to home. It's long
overdue."
The
joy yesterday was a stark contrast
to the contentious battles that
delayed building the park for a
decade. Opponents of the project,
some of whom live in older homes
along Seminary Hill Road, cited
environmental and safety concerns.
They sued the town and won some
changes to the original plan, which
was larger and more involved.
Camarda, who made the donation in
1999 when he set out to build 71
homes in Willow Ridge near Lake
Gleneida, said yesterday that the
concerns were overblown and that the
park fits in nicely with the
community.
"It's a lot of satisfaction to see
it done," he said.
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Sunday, June 14th 2009, 4:00 AM
Alvarez/News
Department of
Environmental Protection workers try to clear up
the water during a downpour of rain in the
Bronx.
It's not easy to be a little guy at the
Department of Environmental Protection.
Just ask Mark Naccarato. He earns $50,604 a year
cutting grass, plowing roads, trimming trees and
fixing equipment at the DEP's upstate reservoirs.
The Conflicts of Interest Board publicly scolded
him last month because his wife's company did some
paving work for the DEP - even though he had nothing
to do with landing the contract, and asked for a
waiver before the work started.
Things are different for DEP big shots like
Robert Ravallo, the $103,805-a-year deputy chief
for improving upstate sewage plants.
Ravallo is on the Town Council in upstate
Carmel, which takes part in several DEP programs
- including the one he oversees. In his 2003
campaign, he was endorsed by his old college buddy,
former
Mayor Rudy Giuliani.
The
Conflicts Board told Ravallo in 1997 to recuse
himself from any DEP business while in public office
in Carmel.
But in a 2005 report obtained by the Daily News,
the Department of Investigation documented him
taking part in DEP business anyway - and taking a
campaign contribution from a DEP vendor.
"Ravallo apparently violated" the city charter
and the Conflicts Board's guidance, a DOI
investigator wrote. But the Conflicts Board never
took any action besides a private slap on the wrist
- and Ravallo has since received a $4,367 raise.
"He is still employed at DEP and is highly
regarded," a spokeswoman said.
Little guys at DEP are the 250 electrical
engineers and supervisors who have gone as long as
15 years without a raise, thanks to a long contract
dispute.
Big shots at DEP are the 41 workers who shared
$300,000 in raises in March - just two months before
the agency raised your water rates 12.9%.
Of course, it's tough to change the culture at an
agency that has been without a permanent leader for
seven months.
Sources say
Mayor Bloomberg considered breaking the DEP into
three smaller agencies earlier this year to get a
better handle on its sprawling operations, but that
idea has apparently been abandoned.
So it's the same old DEP that will have to handle
a new dilemma: What to do about a big shot who got a
city truck to pump out her flooded home in
Bayside, Queens, during an August 2007 storm.
Carol Fenves, the DEP's $136,814-a-year chief
contracting officer, asked for the help.
Jim Roberts, the DEP's $167,780-a-year deputy
commissioner for water and sewer operations,
defended it.
"There was a crew that ... did pump out a number
of houses in the area," Roberts said. "It was more
than a handful."
He couldn't identify those other houses. But the
crew never bothered to pump out the flooded
neighbors on either side of Fenves' house.
"None of us did," said a neighbor. "But she did.
She works for the city."
DEP leadership says it's investigating. If the
past is any guide, they're putting on kid gloves to
deal with the big shots.
As for the little guys - neighbors, customers,
low-level DEP workers who get their hands dirty -
they should take their advice from one of Fenves'
neighbors.
"You don't interfere," she said. "You just take
things as they are. It's not what you know, it's who
you know."
alisberg@nydailynews.com
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By Susan Elan •
selan@lohud.com
• June 15, 2009
At the same time, the state
office in Albany that oversees East of
Hudson Water Quality Investment Funds has
thrown out Bondi's objection to the
additional spending, saying that under the
New York City Watershed Agreement he may not
object to actions taken by Putnam's
legislative arm.
Last month, the county
Legislature unanimously overrode Bondi's
veto of its resolution allocating $2 million
to continue the septic repair program. Bondi
has countered by refusing to spend the
money. The watershed fund contains more than
$14 million.
"We're telling the county
executive we're going to take this to
court," said Legislator Sam Oliverio,
D-Putnam Valley, chairman of the Health,
Social, Educational and Environmental
Committee. "Bob Bondi does not have
dictatorial powers. We are not raising
taxes. The money is already there."
Deputy County Executive
John Tully said "the Legislature lacks the
necessary authority to propose a transfer on
its own initiative."
The committee's resolution
calling for a lawsuit would go to the full
Legislature for a vote next month.
Legislature Chairman Tony Hay, R-Southeast,
said he does not support a court action but
wants a charter change instead.
"If we put money in the
budget, it should be available to spend,"
Hay said.
Money to continue the
program would come from $6.25 million in
East of Hudson Watershed funds that Putnam
set aside for septic repairs but has not yet
used.
Putnam received $30 million
from New York City as part of a 1997
watershed agreement to protect the city's
water supply in Putnam. Through the years,
the account grew to about $42 million with
interest.
Earlier this month, the
Watershed Protection and Partnership Council
rejected an objection to additional septic
spending from Patterson Supervisor Michael
Griffin as well as Bondi's.
"Both political arms of
Putnam County governance must exercise
rights and obligations arising under the
Watershed Agreement in one voice," William
Harding, executive director of the council,
wrote in a June 3 letter to Bondi.
Patterson's letter of
objection didn't cite any of "the required
specific parameters" listed in the watershed
agreement and wasn't properly served,
Harding said.
Griffin said he objected
because the septic repair program is "too
tightly focused on improving New York City
drinking water while doing nothing for
Putnam County ground water."
He wants the Putnam
Legislature to wait for the results of a
study by Malcolm Pirnie Inc., an
environmental engineering firm, on how best
to satisfy a state mandate requiring a
reduction in phosphorus from all water
sources. Most municipalities in the state
must meet new, strict regulations aimed at
keeping contaminants from washing into
reservoirs and other water bodies.
There is no guaranteed
source of money to cover costs that could
exceed $100 million in Putnam, Griffin said.
"We need every dime," he said.
But Maureen Fleming,
chairwoman of Kent's Stormwater Management
Committee, said she supports continuation of
the county's septic repair program as an
effective way of keeping contamination out
of the water.
"Phosphorus also comes from
leaky, broken septics," she said. "If a
septic fails and it stayed on the property,
there would be no problem. But when it
rains, it gets carried into the lakes and
streams."
Putnam has spent about $3
million for septic repair as required under
an agreement with the New York City
Department of Environmental Protection. The
agreement allowed the county to spend
watershed money to purchase the 375-acre
Lake MacGregor property in Mahopac that
includes Putnam National Golf Club, a farm
and a former airport.
That has fulfilled Putnam's
obligation, Bondi has said
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Sales tax revenue plummets across Putnam County
By: Eric Gross, Staff Reporter
01/01/2009
PUTNAM COUNTY - For the first time in almost a year, Putnam
County finds itself wrapped in the economic downturn
plaguing businesses across the U.S.
November sales tax figures took a nosedive, with $3,423,000
collected, a $280,000 decline over the same period a year
ago.
The total revenue was a dramatic decrease from the $5.7
million in sales tax revenue collected in September - a
$601,000 drop from the same period in 2007.
The alarming numbers were presented to members of the Putnam
Legislature's Audit Committee last week by William Carlin,
commissioner of finance.
Carlin admitted for the first time "the administration is
very concerned. Putnam County finds itself in the mire of
the economic downturn.
"We hope the economy picks up for 2009, but we are being
very judicious about county spending, fearing the economic
turmoil will continue for some time."
Legislature Chairman Tony Hay attributed the dramatic
decline in gasoline costs as a major factor in the loss of
sales tax revenue.
"The price of a gallon of fuel has been cut in half, which
might bode well for the consumer, but when it comes to
county coffers, the news really hurts," he said.
Legislator Sam Oliverio serves on the Audit Committee along
with its Chairwoman, Mary Conklin.
Oliverio, the lone Democrat on the nine-member governing
body, called on the county to "tighten its belt. It appears
the recession has finally caught up with us."
Putnam County was expected to easily surpass its $48.7
million projection for sales tax revenue by year's end. Hay,
however, wasn't too sure.
"Gasoline prices are on the decline, which means consumers
will shop out of the county again. The high price of fuel
kept people close to home, but now old habits will surely be
rekindled," he said.
County Executive Robert Bondi agreed.
"The high cost of gasoline drove people to reconsider their
shopping destinations. While the trend is very helpful for
today, it is not something we can't rely on for the future,"
he said.
Bondi said unless more commercial enterprises locate within
the county, "residents will go back to their long-term
spending habits of traveling to the Danbury Mall or shopping
along Route 9 in Dutchess County or the malls in White
Plains or Jefferson Valley in Westchester."
Bondi called for clean regional shopping.
"We need facilities off the interstate highway system so
that our families don't have long distances to travel and
won't spend hours on the road," he said.
The New York State Department of Taxation reported Putnam
County collected $45,055,906 in sales tax receipts from Jan.
1 through Nov. 30, an increase of 18 percent over the same
period in 2007 when $31,651,000 was collected.
Despite the November downturn, lawmakers remain cautiously
optimistic that Putnam County will surpass its projected
$48.7 million in sales tax revenue collected for 2008.
Rare farm animals find summer home at Tilly Foster
By Susan Elan • The Journal News •
June 8, 2008
Putnam
County legislators have unanimously approved a
three-year plan that would bring now-rare, traditional
New England farm animals to the county-owned Tilly
Foster Farm at no cost to taxpayers.
Kent
gentleman farmer George Whipple, who works at Credit Suisse
in Manhattan, has offered to send 15 Jacob sheep
and six Randall Lineback cattle from his farm to Tilly
Foster next month. An anonymous
Putnam
County donor has pledged $100,000 to reinforce fencing
at the 199-acre former horse farm and pay guides to tell the
public about the animals and traditional local agriculture.
The plan for
a farm museum fits the vision laid out by the Tilly Foster
advisory board after the county bought the property in 2002
to protect it from development, County Executive Robert
Bondi said Friday.
A
horse-boarding operation run by the county at Tilly Foster
received much criticism because of the associated costs, and
Bondi sought full support from the Legislature before
accepting Whipple's offer. The horse-boarding operation
ceased at the end of 2007.
"This is
something everyone can be excited about," said Don Cuomo, an
advisory board member and a father of four. "It will not be
a burden in these fiscally difficult times."
Whipple said
Friday that he aims to have the animals at Tilly Foster and
ready for public viewing by July 12.
"The hope is
to build a world-class farm with animals you can see only
there," said Whipple, who first suggested the farm museum
project to the county several years ago. "Everything will be
free. There will be no charges for events for farm
activities."
An
1,800-pound, Randall Lineback bull named General Israel
Putnam after the Revolutionary War general is expected to be
one of the main attractions this spring.
"He's
extremely friendly, and there are only about 200 in the
world," Whipple said.
The Randall
Lineback is a purebred remnant of multipurpose cattle used
for dairy and beef once common in New England,
according to the American Livestock Breeds Conservancy. Most
of the Lineback population was lost through crossbreeding
with
Holsteins. The breed's name comes from the white line down their
blue-black backs.
A 4-year-old
Jacob ram named Pegleg with four horns and only three legs
after surviving an injury is expected to become another
favorite.
"He is the
leader and such a friendly and wonderful ram that I wanted
him to live out his life even though everyone told me to put
him down," Whipple said.
The American
Jacob sheep is a breed of primitive, multihorned sheep
patterned with black and white spots and listed as a rare
breed, according to the Breeds Conservancy. The breed has
fewer than 1,000 annual registrations in the United
States and a global population of fewer than 5,000.
They are raised for their wool, their meat and their hides,
but also make good pets.
The sheep
and the cattle will stay at Tilly Foster until November and
then spend the cold season at Whipple's farm in
Kent.
Whipple plans to return them to Tilly Foster in the spring.
Other animals from his collection would be added gradually.
There are also plans for a farm museum with antique
equipment.
"We want to
start small and do it perfectly," Whipple said.
To help
support the project, Whipple has approval to open a country
store at Tilly Foster's former milking area between the two
main barns. The farm store would sell Tilly Foster T-shirts
and ball caps, postcards and books on local history and farm
products such as meat, vegetables and fruit.
There also
would be hay rides, a haunted barn at Halloween and viewing
of baby animals in the spring, as well as plant, pumpkin and
annual Christmas tree and wreath sales.
For 2010,
there are plans to develop a restaurant, bed and breakfast,
working vacation opportunities on the farm and wedding and
events catering.
Legislator
Vincent Tamagna, R-Philipstown, chairman of the Physical
Services Committee, said he had urged the Legislature to
expedite approval of the Whipple plan so that Putnam
residents would have an attraction to enjoy at Tilly Foster
this summer.
Marianne
Fimmano of Brewster said she often takes her 9-year old son
to Muscoot Farm in Somers to see the baby animals.
"We've gone
to Tilly Foster to take walks," Fimmano said. "We'd go more
often if there were animals."
Julie Conway
of Southeast said she looks for activities that will get her
7- and 9-year-olds out of doors, and a working farm with
old-fashioned farm animals would be very enticing.
"We have to
try to keep things the way they were," Conway
said. "So much is changing for the worse."
Reach Susan
Elan at
selan@lohud.com or
845-228-2277.
http://www.lohud.com/apps/pbcs.dll/article?AID=/20080608/NEWS04/806080359/1020
Repairs under way at decaying Belden House
By Susan Elan • The Journal News • May 14, 2008
Progress is under way in the long-awaited restoration of the
historic Belden House in Carmel.
The New York City Department of Environmental Protection has
sent a team to prepare the nearly 250-year-old white wooden
farmhouse for a coat of outdoor protective paint, an agency
representative told members of the Friends of Belden House
yesterday.
DEP staff are evaluating proposals from four firms
specializing in historic restoration to select one to design
and manage the project that is expected to take several
years to complete, DEP representative Matt Warne told
Friends of Belden House board members during a morning
meeting at the Mahopac Library.
"We're at a good stage now," Warne said as he looked over a
scrapbook filled with watercolors and sketches of the Belden
House by local artists, part of a campaign to keep up
community interest in preservation of the landmark house on
Route 6 just outside the Carmel hamlet.
"My goal today is to proceed with the design for
restoration," Warne said. "There have been a lot of steps
along the way."
In April 2006, the DEP pledged $2.9 million to restore the
Carpenter Gothic-style structure built around 1760.
A first round of requests for proposals from companies to
handle the architectural-engineering design and construction
management had to be rebid after only one firm qualified,
Warne said.
"We have four good bidders now so we are very pleased with
where we stand," he said.
Removal of lead paint and asbestos will follow completion of
the architectural design. Then construction can begin.
The DEP had a rubberized roof installed several years ago to
stop water damage that had ruined the plaster ceilings in
the Belden House.
Local seniors, supported by preservationists and history
buffs, began a campaign to save the deteriorating building
after Putnam legislators rejected an offer from New York
City to turn it over to the county. Legislators said it
would cost too much to restore.
Bruce Heilman of Mahopac, who helped spearhead a campaign at
the William Koehler Senior Center in Mahopac to save the
Belden House, said yesterday that many in Putnam want to
contribute to the restoration project by helping out with
landscaping.
Friends of Belden House sponsored an art project in which
local artists presented their vision of the landscaping that
would grace the restored house. Those drawings and paintings
are on view on the third floor of the Mahopac Library
through the end of May.
Earlier efforts failed to raise the money to preserve the
house, said Sallie Sypher of Putnam Valley, the deputy
county historian and a Friends board member.
But Friends of Belden House now has a state-approved charter
and is working to gain recognition as a not-for-profit so
that it can apply for grants, Sypher said.
Once restored, the two-story structure will house some DEP
offices. The Friends of Belden House also will have an
office, use of a conference room, and space for exhibits.
New York City has owned the house on Belden Road off Route
6, between the West Branch Reservoir and Lake Gleneida, for
more than 115 years. It had been used as a residence for an
on-site custodian and, later, for city offices. It has been
vacant since 2001.
Reach Susan Elan at
selan@lohud.com or 914-666-6205.
Voters must demand open government
The Journal News got it
right (Saturday editorial) - we have a Town Board in
Carmel that believes the
New York State Open Meetings Law does not apply to
it. Board members brazenly hold secret meetings with
little effort to cover up their misdeeds. When caught in
the act, they either lie or defend their illegal
actions.
This
is not the first time the Carmel Town Board held a
secret meeting. In June 2006, I filed an ethics
complaint against the same four councilmen (regarding a
private meeting with developer Paul Camarda). The Ethics
Board, in a unanimous vote, determined that the
councilmen had violated two sections of the town ethics
code. The councilmen's reaction? They dismissed the
Ethics Board's findings. Since the town ethics code
allows the Town Board to determine what punishment, if
any, violators of the code would get, these men were off
the hook. And the reaction of the town voters? Two of
the councilmen who ran for re-election were victorious
and then-Town Supervisor Connie Munday, who did not
attend the illegal meeting, was defeated.
Now
the Town Board is at it again, with the aid of Town
Supervisor Ken Schmitt. Perhaps the only way the Town of
Carmel will have honest and open government is when the
voters care more about who is running their town.
Jerry
Ravnitzky
Mahopac
Closing out
Carmel
• May 3, 2008
If there has been any question about the disdain elected
officials in Carmel have toward the public and its right to
open government, it was answered Wednesday. After listening
to comments and criticism at an hour-long "town meeting,''
Supervisor Kenneth Schmitt and council members went into
their own meeting, slamming the door on the state Open
Meetings Law and in residents' faces. What an outrage.
The Open Meetings Law protects the public from officials,
including those on town boards, who fail to notice the
public about meetings and/or go behind closed doors to
discuss public business, with very specific exceptions. When
a public body does have a specific exception before it, it
can go into "executive session.'' To do so, though, several
procedural steps have to be taken. Those steps are set forth
on the state Committee on Open Government's Web site:
"First, a motion must be made during an open meeting to
enter into executive session; second, the motion must
identify 'the general area or areas of the subject or
subjects to be considered'; and third, the motion must be
carried by a majority vote of the total membership of a
public body.''
After Wednesday's town meeting, staff writer Barbara
Livingston Nackman reported, all five Town Board members and
town attorney Greg Folchetti were sitting around a table in
the supervisor's conference room arguing about public
comment during meetings. "Standing outside the conference
room, it was difficult to tell exactly who was saying what,
but the consensus was that to loosen restricted public
comment rules would invite on-camera debates among officials
and with the public, which could be embarrassing and extend
the length of meetings,'' Nackman wrote. "When a reporter
knocked and then opened the closed conference room door,
board members looked shocked and got quiet.''
Schmitt said they were discussing police contract
negotiations. That would be a valid reason for a closed-door
session - except the board hadn't taken a vote during the
open portion of the public meeting to go into closed session
or given a general reason why the public could be excluded,
as required by law. Five-term Councilman Robert Ravallo
chalked it up to post-meeting "gossip.'' Public bodies often
make mistakes about the Open Meetings Law, with new
officials pleading ignorance about the public's right to
know. This can hardly be the case in Carmel, where critics
of board policies have been clamoring to be heard. Indeed,
the "town meeting'' was held to assuage some of the
discontent.
Some new teeth has been added recently to the Open Meetings
Law, thanks largely to Lower Hudson Valley Assembly members'
efforts in Albany. "Any aggrieved person shall have
standing'' to bring the matter to court to get relief that
can include making any action behind closed doors void - and
win costs and reasonable attorney fees from the public body
if it's found in violation of the law.
And, of course, come the next election cycle, aggrieved
voters can take matters into their own hands.
A Journal News editorial
To all who signed the petition, wrote and otherwise
supported our efforts, freedom of speech has been vindicated
in today's Journal News editorial. Democracy fails without
you, the public. But the work is not yet complete,
Supervisor Ken Schmitt and Councilmen DiBattista, DiCarlo,
Ravallo and O'Keefe must change the rules.
Sincerely,
Ann
http:/www.restorefreespeechtocarmel.com
My sincerest appreciation to the special people who stood by
us.
Muzzling the public
• April 23, 2008
Elected officials who work hard at limiting public input at
open meetings run the risk of affirming they have forgotten
who works for whom. As public servants, they have been
elected to make laws, decide about spending and taxes, and
see that policies and procedures are sound. Likewise, the
public has an obligation to participate in the government
process, without abusing it.
Several members of the public in the Town of Carmel in
Putnam are understandably upset that under a rule change
earlier this year, the public must wait until the end of
Town Board meetings, the first and third Wednesday of each
month, to address their supervisor and council members - and
they may only speak about matters on the board's agenda. No
public comments are allowed at board work sessions, the
second and fourth Wednesday of each month.
Outraged, protesters launched a petition drive online, at a
site that left no guess to what it was about:
www.restorefreespeechtocarmel.com. More than 200 names
were "signed'' on the online petition, but then other names
began to appear, including celebrities, historical figures
and even "Ken Schmitt,'' who just happens to be the Carmel
supervisor. Schmitt told staff writer Barbara Livingston
Nackman that he did not sign the petition and did not know
who would tamper with it.
Image over speech
The goal of the new public-speaking rules, apparently, was
to make town meetings, which are televised on a cable
channel and rebroadcast, move along smoothly and more
professionally. "Often,'' Schmitt said, "there was dialogue
between the public and members of the board that got
negative and condescending. It wasn't good. What you wound
up with was an ugly exchange, and it wasn't the image I
wanted to project to the public.''
But image is a small and incidental concern; the rules
Carmel crafted put window dressing ahead of participatory
democracy. Asking for public input on legislation after
the board has voted does not advance the public interest.
"You have these town meetings so that you can have a
dialogue between public officials and citizens to arrive at
proper decisions,'' Ann Fanizzi, a frequent board critic,
told Nackman. "Citizens can lend important information, and
the official can share his or her rationale. If you are
denied, it can be a disadvantage for all concerned. What is
the use of my commenting on something that has been voted
on?''
Finding middle ground
There's no question that members of the public at village,
town, city and school district meetings across the Lower
Hudson Valley can grandstand, get personal and nasty, and
use the platform to advance personal agendas instead of
public business. Those in front of the podium, and on it,
should conduct themselves as citizens, not combatants. But
they should not be muzzled.
New York's Open Meetings Law governs public meetings and not
does not make specific provisions for public participation.
However, Robert Freeman, executive director of the
Department of State's Committee on Open Government, has
repeatedly issued advisory opinions, as he did in February
2006, noting that "when a public body does permit the public
to speak, we believe that it should do so based upon
reasonable rules that treat members of the public equally.''
Freeman also has cited cases in which courts have found that
negative commentary cannot be prohibited.
Forcing public comment in Carmel to await completion of an
agenda, and after a vote has been taken, clearly thwarts the
intent of the Open Meetings Law - to be inclusionary, not
exclusionary. Some local boards allow for time-limited
comment at both the beginning and end of meetings. That
seems a reasonable compromise.
A Journal News editorial
Carmel begins Camarda Park, finally
By Barbara Livingston
Nackman
The Journal News • April 3, 2008
CARMEL - The long-anticipated and much-debated Camarda Park
is closer to an opening day.
This week backhoes and trucks moved soil and pulled out
trees as the $2 million construction began on ballfields and
play areas off Seminary Hill Road. A groundbreaking ceremony
took place Saturday.
The park is expected to open by July 2009 and will be the
first one in Carmel's hamlet.
"We are finally able to provide a park for hamlet residents.
Before they had to travel to Mahopac, Patterson and Kent.
Now they will have their field of dreams," Town Supervisor
Kenneth Schmitt said. "Finally, we have gotten to the point
where things will happen. It is a momentous occasion."
The park sits on 37 acres behind Willow Ridge, a luxury
subdivision, and near an older neighborhood with historic
homes and stone walls along the winding Seminary Hill Road.
In response to community concerns, its design was scaled
back from a sports center with many fields to a less
developed site with one multipurpose athletic field for
baseball, Little League, soccer and lacrosse games. There
will be two basketball courts, a playground, nature trails
and an open field. Also planned are a small building with
restrooms and storage, and roughly 100 parking spots.
Developer Paul Camarda of Hudson Valley Realty Investments
in Carmel donated the parcel in 1999 when he set out to
build 71 homes in Willow Ridge near Lake Gleneida. He paid
the town $213,000 in recreation fees and, though not
required, also gave the land for a park named after his
father, Paul A. Camarda. He touted the pending parkland in
marketing materials, and residents in the 5-year-old
subdivision have said they are disappointed it took so long.
He also built a 850-foot access road.
"Many times in life you have to a wait for good things. This
thing took longer than it should have but in the end is
worth the wait," he said this week.
Camarda money is linked to much of the funding.
The largest chunk comes from the $1,150,000 the town
received from the developer when it sold him a 19-acre
parcel on Route 6 near Southeast. Camarda has wrapped that
land into Gateway Summit, a proposed hotel-conference
business center with retail and senior-citizen housing.
An additional $700,000 comes from the Parkland Trust Fund,
recreation fees charged to the developers of new
subdivisions. This includes payments from Camarda for Willow
Ridge and nearly $300,000 from his two earlier projects,
37-home Laurel Farms and 58-home Centennial Ridge.
Another $350,000 comes from the town's General Fund.
On Feb. 6, the board unanimously awarded a $2,135,000
construction bid to Brennan Construction of Mahopac.
Some residents urged the town to move ahead, saying the
fields were greatly needed. The Carmel Sports Association
and Mahopac Sports Association, which organize youth sports,
worked for the plan's acceptance.
"It will be good for local kids and local athletes, but also
good for the community to have a park to enjoy, a place to
go to walk around and have a picnic," said Mike Berg, CSA
president and 14-year hamlet resident.
Opponents had cited environmental and safety concerns. They
sued the town and won some changes to the original plan.
Cindy and Peter Katz, 34-year residents of Seminary Hill
Road, had opposed the larger project, saying the road could
not handle the increased traffic, particularly buses, and
the steeply sloped parcel with wetlands would make
construction costly and disturb a natural setting.
"I am saddened by the loss of the forest. There were very
old trees that have been taken down," Cindy Katz said.
Her husband, Peter, said it was unseemly to build such an
expensive park in view of the bad financial outlook for
homeowners, local taxpayers and municipalities.
"We are building a multimillion-dollar park that will affect
a small number of Carmel people while the county is
threatening to do away with essential services," he said,
referring to proposals to cut school resource officers and
end countywide public bus service. "They are devastating the
topography to build a park, and you have to wonder if the
destruction is worth the service that will be provided."
Reach Barbara Livingston Nackman at
bnackman@lohud.com
or 845-228-2272.
March 1, 2008
Good morning all- How fitting: snow in Carmel - well
residents were snowed at the ZBA meeting Thursday night.
Here is my carmelresident.org post about the effort of
Senator Leibell to add another 120 units to Carmel's senior
housing stock possibly totaling over 1,200 units.
Sincerely,
Ann
www.putopenspaces.com
Clinton comes to Carmel,
Bill that is
It was a "Clinton" moment as the ZBA, Ravallo, lawyer for
the applicant, our attorney and building inspector Carnazza
debated English usage of the connective conjunction "and" in
"retail and medical establishments" as written in the senior
housing code.
The interpretation was critical to Planning Board's approval
of Senator Leibell's Putnam Community Foundation proposal to
add 120 units to the already glutted Hamlet of Carmel senior
housing market on land so environmentally sensitve and so
close to the impaired Croton Falls reservoir that it drew
the ire of the DEP in several pages of scathing commentary.
And so the dons of Carmel's English Department were called
to this august convocation of the literati. Don Carnazza
stated that "and" really meant "and/or" and that "services"
according to Don Ravallo really meant to be limited to
"medical" services as he flashed a letter from ten years ago
and since "and" really meant "and/or," the applicant had met
the conditions as set forth in the code.
Not so argued Doris Stahl, a former member of the Town
Board, joined by Norman Marino thru the medium of modern
electronics, as he shouted disagreement. Plenty of legal
precedent retorted the applicant's attorney while our
attorney in frustration agreed that the Town Board, the
legislative body for the Town, resolve the issue.
Did anything change in the code from the time of its first
adoption over ten years ago? No, that section remained
unchanged through a lengthy, laborious 2007 second revision
as "retail and service establishments" more than ample time
for Mr. Ravallo to craft wording favorable to his mentors.
Was there one person who had a 7th grade Catholic School
English education? Obviously not. For if they did, the
issue would have been as quickly resolved as the ZBA
Chairman dispensed with the ludicrous notion that the
"Hospital Gift Shop" meant "retail."
Let me write again the relevant code phrase: retail and
service establishments. And now for the "googled"
definition:
[b]"And" - between two terms indicates that both terms
must be present in the article or citation entry to be
included in the search set."
"And/Or" - widely used in legal and business writing.
It's use in general writing to mean "one or the other or
both" is acceptable.
Forked tongue is on the menu and hypocrisy is the order of
the day in Carmel.
February 27, 2008
You Can't Make It Up
Good morning all -
Thursday evening (the 28th of Feb), the ZBA is being asked
by the Putnam Community Foundation, created by Senator
Leibell, to rule on an interpretation of a section of the
senior housing code which requires retail and service
industries to be 2,500 ft from any senior housing proposal
including their proposed 120 units just south of Putnam
Hospital.
Why has the need for such an interpretation to occur?
Contrary to numerous pleadings by myself, Jerry and many
residents and newspaper ads, the then constituted Town Board
refused to adopt a moratorium on senior housing so as to
adequately study and address possible pitfalls and loopholes
arising from promulgation of a revised senior housing code.
As with the blasting code, they were loathe to in any way
delay proposals sitting at the Planning Board for senior
housing (315 units on Stoneleigh) submitted by Paul Camarda,
Wilder Balter (150 Hillcrest Commons) and Putnam Community
Foundation (120)
And so we have the attorney for Putnam Community Foundation
stating the following: "Where doubt exists as to the meaning
of permissive zoning provisions, the courts have held that
such provisions will be liberally construed in favor of the
landowner." Well, with all due respect, there was and is no
doubt as to the intent of the past law which also contained
the 2,500 ft requirement and the revised one. It certainly
did not intend the following and I quote from the attorney's
brief wherein he attempts to define "retail and service."
He cites the medical services rendered by the nearby
hospital and its staff of doctors of varying specialities as
if they are the only services that seniors would avail
themselves. "It is evident that the professional services
offered by the local doctors and therapist meets the plain,
ordinary and usually understood meaning of "service."
And now for the "You can't make it up" part: their
definition of meeting the retail requirement. "In addition,
the adjoining property owned by the Putnam Hospital Center
offers a gift shop and cafe located at the adjacent property
meets the plain, ordinary, and usually understood meaning of
"retail." Thus, "retail and service establishments" do
currently exist within 2,500 feet of the proposed Site."
If the ZBA fails to grant the so-called "Foundation relief"
as requested, the attorney can then seek a variance from the
code.
Absurdity will take center stage Thursday night.
Sincerely,
Ann
February 21,
2008
No Room in Carmel for
Watson
Good morning all - As the article
indicates, there is no room in Carmel for Watson, the second
largest employer in Putnam, but guess what, there is plenty
of room for senior housing and a hotel. How about that for
a Putnam Paradox?
And when did Kevin Bailey of the EDC hear the alarms or the
Town of Carmel Board deaf and blind to an application
withdrawn from their own Planning Board that "good, clean
commercial development" was exiting unable to expand
their facilities. EDC and town officials had four
years to do something about it. But town and county
officials were busy expanding senior housing, hotels and
ballfields, allowing Camarda to expand his empire, with code
changes and tax breaks for his friends, the investors from
Long Island. Nothing like replacing manufacturing jobs
with wait staff salaries.
Wonder why people with any business sense shun Carmel and
Putnam? Well now you know.
Sincerely,
Ann
Watson
Pharmaceuticals to pull out of Putnam
By
Jerry Gleeson and Susan Elan
The Journal News • February 21, 2008
The head of Watson Pharmaceuticals Inc. yesterday defended
the company's decision to close its operations in Putnam
County, calling its aging plant in Carmel the "logical
choice" for a shutdown.
The move eliminates about 600 jobs, saving the
business more than $30 million annually as Watson continues
cutting costs in a competitive industry, company officials
said.
Watson is Putnam County's second-largest private employer,
behind Putnam Hospital Center. It said it would close its
Putnam operations as early as the start of 2010.
"The decision to close the Carmel facilities was very
difficult, as it will ultimately have an impact on our
employees," President and Chief Executive Officer Paul
Bisaro said in a conference call with analysts to discuss
fourth-quarter results.
"But given our current facilities, the capacity in those
facilities, the technology based in our facilities and the
relative age of all of our facilities, Carmel was the
logical choice," he said.
The manufacturing will be moved to existing Watson plants at
company headquarters in Corona, Calif., a plant in Davie,
Fla., and a new plant in Goa, on the west coast of India. In
addition to the Carmel plant on Stoneleigh Avenue, Watson
will shut a warehouse in Southeast and a lab in Danbury,
Conn.
The Carmel plant, on 27 acres, is one of Watson's
oldest.
It was built in 1988 by Schein Pharmaceutical. Watson
acquired the plant when it bought Schein in 2000.
Four years ago, Watson proposed nearly doubling the size of
the 110,000-square-foot operation in Carmel, but the project
never went forward.
Putnam officials expressed disappointment at news of
Watson's departure but were hopeful that a tenant could be
found to fill the breach.
"Watson has been a wonderful employer. This is tremendously
disappointing," said Kevin Bailey, president of the Putnam
County Economic Development Corp. "But if they move out, I
am very confident they will sell the building. It's bad
right now, but we can overcome it. We have a lot of tools in
our arsenal."
Bailey was referring to the newly created Empire Zone in
Putnam, a state program that provides for tax breaks and
other benefits for businesses that create jobs. Though only
Brewster is designated at this time, Bailey said the
Empire Zone could be extended to other parts of the county
under a stipulation that allows for "regionally significant
employers" based on the number of jobs a major employer
would bring to the area.
Because the Carmel site already is zoned for industry, a
potential employer would not have to struggle with rezoning
issues that would occur in other parts of the county, Bailey
said.
Watson owns the Carmel site and leases the others in
Southeast and Danbury. Company spokeswoman Patty Eisenhaur
said Watson would seek buyers for the Carmel property but
couldn't speculate on when a sale would occur.
Watson pays $103,000 in taxes to the town, county
and special districts and $166,000 more to the Carmel school
district. The local tax bills were not factors in Watson's
decision to close its Putnam operations, Eisenhaur said.
An employee who works in the section of the facility where
the medicines are compressed into tablets said the pace of
work in the department had slowed after New Year's.
"I don't really blame Watson," he said. "American companies
are allowed to send jobs overseas and then they can sell
stuff here with no restrictions. So if we get sick, now we
have to buy our medicines from India."
The employee, who requested anonymity, said many at the
company had been through the layoff cycle several times.
From high-paying jobs, they were "now barely making $35,000
a year and now they were getting laid off again."
The Carmel plant produces 4 billion doses annually of 50
products in solid dosage forms, such as tablets and
capsules. Most of Carmel's production is for generic drugs,
though a small amount of branded Watson product is produced
there as well.
Companywide, Watson produces 10 billion doses of solid drug
forms, plus creams and gels.
Cost cutting has been on Watson's agenda in recent years as
it has digested several acquisitions. The new businesses
provided Watson with new technology and product lines, but
they also were accompanied by manufacturing plants whose
capacity proved to be greater than what the company needed,
Eisenhaur said.
Last year, the company saved more than $30 million by
closing plants in Puerto Rico and Phoenix, she said.
Eisenhaur said one problem with the Carmel site was
the lack of space for expansion. One side of the property
abuts a mountain. Space for expansion is a priority in the
drug industry, she said, because improvements demanded by
regulators may require more room.
The plant in Goa was recently certified by the U.S. Food and
Drug Administration to produce drugs for sale in the United
States.
Moving operations to India, where labor costs are
considerably less than in the United States, is part of the
rationale behind closing the Putnam operations, said Michael
Krensavage, an analyst in Manhattan who follows Watson for
Raymond James, a financial group.
"Watson has been going through some difficult times," he
said. "The company's having a tough time growing."
Watson has made big management changes in recent months.
Bisaro, the former president and chief operating officer of
Barr Pharmaceuticals Inc., which has operations in Pomona,
took over as Watson's CEO in September.
Reach Jerry Gleeson at
jgleeson@lohud.com or 914-694-5026.
February 16,
2008
Man convicted of
setting fire inside Smalley's Inn in Carmel
By
Michael Risinit
The Journal News • February 16, 2008
CARMEL - A man who police said tried to set fire to one of
Putnam County's oldest buildings was found guilty for his
actions yesterday in one of the county's newest structures.
A County Court jury convicted William J. Haughey, 36, of
Sherman, Conn., of second-degree arson, a felony, and
fourth-degree criminal mischief, a misdemeanor, stemming
from a fire last year inside Smalley's Inn. Putnam County
District Attorney Adam Levy, himself new to the job, said
the guilty verdict came after almost eight hours of jury
deliberation over two days. It was the first conviction
inside the new Putnam County Courthouse in Carmel, which
opened Jan. 2.
Haughey was accused in March 2007 of lighting a fire inside
the bathroom of Smalley's Inn, a restaurant that sits across
Route 52 from the courthouse. The inn dates to the
mid-1800s.
Carmel police said he placed a lit piece of toilet paper
inside the drop ceiling, then went back to the bar. The
tavern owner, Tony Porto Sr. and patrons smelled smoke and
began to search for the source. Police said they found it by
following flames from a ceiling vent. Haughey ran into the
bathroom, pulled down a ceiling tile and removed the burning
tissue.
Porto quickly extinguished the blaze, which damaged several
ceiling tiles and wooden support beams. The owner then
became suspicious of Haughey and confronted him.
Assistant District Attorneys Robert Noah and Gregory
Folchetti tried the case. Levy pointed out that Noah and
Folchetti were able to convince the 12-person jury of
Haughey's guilt even though there were no eyewitnesses to
the defendant's act of arson.
Haughey is being held in the Putnam County jail. His
sentencing is scheduled for April 15. He faces eight to 25
years in prison.
Reach Michael Risinit at
mrisinit@lohud.com or 845-228-2274.
February 8,
2008
Policing Free Speech
Good morning all - am sharing a
carmelresident.org on the effort of the Carmel Supervisor
and Town Board to limit public comment and discourse. I
believe the post speaks for itself.
Sincerely.
Ann
On a previous post entitled "Schmitt Organizes the
Playground," the ground rules for public comments as
determined by the Supervisor and the Town Board were
discussed. However, the first month of their tenure has
demonstrated that the rules were not meant to expand
opportunities for free exchange but to constrict, restrain,
discourage and ultimately to silence opinion that is at
variance with the establishment views. This message has
filtered down to all departments as can be seen by the
effort of the ZBA Chairman to silence me two weeks ago.
However, I hope Supervisor Schmitt and the Town Board will
reconsider their position which is at variance with
Conservative principles and the Constitution. Investing the
Supervisor with the sole power to determine whether an issue
is open for discussion and then limiting public comment to
two minutes on already decided topics, smacks of the
tactics of regimes that make a mockery of democratic
Constitutional principles. And the relocation of work
sessions to the "back room" further limiting public
accessibility if not comfort, only reinforces the perception
that "back room" deals are the order of the day.
The strength of our democracy is that we give free reign to
"the thoughts that we hate." As a society and a nation, we
do not tolerate the "Thought Police." and we shouldn't do so
in Carmel.
None other than a staunchly Conservative magazine, "The
American Spectator" has dealt a blow for free speech. I am
going to quote verbatum and paraphrase some of the article
in the Dec-Jan issue.
"The greatest mistake in politics was made by Lenin, when he
set about destroying the institutions in which opposition
could express itself; the mistake of making it impossible to
perceive one's own mistakes. If the opinion is right, they
are deprived of the opportunity of exchanging error for
truth. Our strength Mr. Schmidt is encouraging dialogue so
that our policies may be changed if found wanting.
Further on, "It is precisely when people have invested in
errors that they are afraid of the truth, and therefore
eager to silence those who proclaim it."
Totalitarian regimes have taken great comfort that they do
not have to deal with the messiness of democracy but in the
end, they have fallen.
January 23,
2008
Good morning all - the following is my
post from today's carmelresident.org.
Sincerely,
Ann
Revival has come to Carmel with Carmel's own Elmer Gantry
spreading the Good News of environmentalism, open space and
"Do Unto Others" neighbor policy. Yes, Pulte and Shilling
have got Religion, pleading their case before the mercy seat
of the members of the ZBA. Repent the End is near, near for
Pulte who not a year ago was reveling in the exuberance of
ever higher ballooning CEO profits and shareholder dividends
riding the air draft of stratospheric housing prices.
Who cared about the casualties. Not Pulte or Shlling who
never opposed a development in his life. The environment be
damned; we'll blast it; deforest it; make Bagdad turn brown
with envy. Neighbors - tut, tut that they bought there or
had historic homes there; residents had to bear the
blasting, dirt and grime. And what was $30 million payoff
to Camarda - a pittance - when they could make 3x that
amount. But the deal went bad. The invisible hand of
capitalistic market forces intervened. And now they wanted
the government to intervene.
A year later there they were asking that the ZBA re-write
the rules and prop up reckless corporate behavior in the
bargain. But they hadn't truly repented whining that it was
not their irresponsible corporate behavior but the present
code that inflicted an unendurable hardship. So a temporary
financial situation had to be remedied by a permanent code
change.
With a shameless arrogance Shilling/Pulte even mandated the
terms of the change. Three not two will do it or so the
story went (pardon the pun). Accept shoe-horning the same
number of cookie-cutter housing units into smaller sizes and
lower prices and we'll protect the profit environment of the
Pulte balance sheet.
The ZBA is under enormous pressure but each and
every member of that board must be aware that submission to
the bogus Shilling/Pulte argument is but only the beginning,
establishing a legal precedent from which they cannot in the
future retreat without subjecting their decisions to the
charge of being "arbitrary and capricious." Shilling/Pulte
are but stalking horses, testing the waters for every senior
housing developer from Camarda to Wilder Balter to Senator
Leibell's project off Stoneleigh almost 600 units.
The proper venue to discuss alternatives to a plan is the
Planning Board not the ZBA. And there are alternatives to
that which Shilling/Pulte have urged. They are what we in
the Coalition have continually advised - reduce the number
of units; reduce the glut of housing in the Hamlet. We
were spurned by Camarda; we were blown off by the Courts.
The ZBA needs to return the entire issue to the Planning
Board.
January 15,
2008
Good morning all - have posted this on
carmelresident.org. The Journal News needs to elevate its
coverage of critical issues in Putnam. If you read the
article and are concerned as I am as to the level of
coverage, you can contact
bnachman@lohud.com or 228-2272.
Another lost opportunity was apparent in today's
article on the town board and Supervisor nixing the Carmel
blasting code to connect the dots between governmental
action and special interest pressure.
Although citing the contention of a "small group of
residents," that protection of special interests and not the
public interest was the guiding force in the decision,
the actual catalyst for that decision - a letter by
Paul Camarda arguing against the blasting code was not cited
in the article as possibly playing a pivotal role. Why not?
Nor was the contradictory stance taken by Camarda with
respect to Patterson Crossing, wherein he
acknowledged in the DEIS, the inadequacy of present State
Law to protect residents cited, thereby undercutting the
duplicitious, unsustainable official Carmel position.
Shouldn't the Supervisor and the Town Board members been
questionned aggressively as to this apparent contradiction?
The Journal News needs to be a muckracker in the crusading
sense of old good newspapers and not just rake the muck when
it comes to the soap opera antics of some officials.
Sincerely,
Ann
P.S. the Coalition's Blasting Code
video on Channel 8 continues to play - although it too was
not cited in the article.
Carmel
nixes blasting bill
CARMEL - Putnam County's largest municipality with at least
six major construction projects on tap won't have its first
blasting law soon.
This has dashed the hopes of residents who had supported
legislation that would have regulated when, where and how
explosives could be used in a construction project, as well
as how neighbors would be notified. Some advocates of local
regulations live next door to projects whose blasting, they
say, has destroyed their quality of life, damaged their
homes and made them sick.Town Board members said the
proposed law was unnecessary because of state laws and
contractor insurance provisions.
The bill, if law, would have left the town open to
litigation as a regulatory agency and would delay projects
such as a hotel-conference center, they said.A small vocal
group of residents said officials were helping developers
rather than looking after homeowners and their
properties."People would have had some sort of protection.
Now they have none and won't be getting any," said Joanne
Henwood, a lifelong Putnam County resident who lives at
Clearing in the Woods, a condominium off Drewville Road in
Carmel. Her windows face blasting work by New York City
contractors at the Croton Falls Dam, where explosives have
gone off since April. She said dust has reduced her
breathing capacity by 26 percent and her home has trembled
from each explosion."At the very least, I should have been
notified so I could have kept my windows closed and not been
home," she said.The dam project is temporarily on-hold while
the city's Department of Environmental Protection seeks site
approvals it failed to get before beginning the work. The
town issued the city a stop-work order in the fall, which
had nothing to do with blasting, but has stopped the
explosions for a time.
Carmel doesn't have a blasting code, but it does require
that projects conform to site plans, building codes and a
noise ordinance. Philipstown and Kent have blasting
regulations as does Yorktown and Ossining. Insurance
companies have blasting rules and the state Department of
Environmental Conservation regulates blasting in mines, not
construction projects, and the transport of explosives.
Newly elected Supervisor Ken Schmitt initiated this
month's discussion of the proposed law."We need to bring
this to a closure one way or another. It has been around and
not fully addressed," he said. "I am sure we will be
scrutinized and I respect that and everyone's views."He
said, though, that he did not support the proposed law."If I
thought for one moment the health and safety of our
residents was at jeopardy I would say the board should take
a closer, harder look. We don't need another layer of
government," he said."The town needs to be progressive (and
a new law will cause) further delays in projects that this
town needs," he said, referring to a proposed hotel and
conference center off Route 6.Board members made it clear
they did not favor the proposal.Councilman Anthony DiCarlo
said the town should not make itself the regulatory agency
for blasting.Councilmen Robert Ravallo and Anthony
DiBattista, who is a candidate for county Legislature in
District 8, said a law was unnecessary and would bog down
projects and town staffers in red tape.
Lori Kemp, who contends her home off Mechanic Street near
the construction of 380 condominium units has been damaged
by blasting, said her quality of life has suffered."It is
clear protections are needed and equally clear that the town
is not planning on doing anything," she said.Jerry Ravnitzky,
president of the Concerned Residents of Carmel and Mahopac,
said he personally thought the town was putting itself in a
more precarious legal position by not enacting the new
law."They could be guilty of inaction. They addressed the
issue and decided to do nothing," he said. "And, if someone
is hurt physically or their property is damaged, they will
really have a case against the town."Reach Barbara
Livingston Nackman at
bnackman@lohud.com or 845-228-2272.
Explosive projects Blasting has been used
in Carmel in these current projects and is expected in these
future ones:
Stoneleigh Woods and The Retreat in Carmel:
A nearly completed 380 units of senior-citizen housing off
Stoneleigh Avenue near Route 6.
Croton Falls Dam reconstruction: A New York
City Department of Environmental Protection project to
deepen the reservoir's spillway where 30 phases of blasting
have been set off. Planned are 14 more series of blasts at
two to three times a week for two months or more.
Hillcrest Commons: A proposed 150-unit
senior-citizen complex on Route 52 against a very steep
slope.
Gateway Summit and Fairways: Two adjacent
developments along Route 6 near the Southeast border that
include a hotel-conference center, more than 300 units of
senior-citizen housing, retail and commercial centers on
conjoined hilly parcels.
January 11,
2008
Good morning all
Ten days and Supervisor Schmitt is on the fast track toward
fulfilling his first campaign promise to scuttle the
blasting code, a priority with Camarda who wrote a letter
last year blasting the idea of the town adopting a blasting
code. There was no mistaking the Supervisor's words or
intent enunciated at Wednesday's Work Session: It would
slow down the projects that the town needs, subject it to a
possible Article 78 proceeding and was redundant since
adherence to State of New York Department of Labor law was
sufficient. And what projects are they we might ask? Well
none other than those proposed by Camarda (senior housing
"The Retreat and Stoneleigh Woods" and the hotel), Camarda
Park and Wilder Balter (Hillcrest Commons) located on
Carmel's rocky, steep slopes.
Obviously the Supervisor was oblivious to Camarda's ability
to keep two contradictory actions mentally
compartmentalized: condemning the blasting code in Carmel
while proposing it in Patterson. As part of the DEIS (Draft
Environmental Impact Statement), Appendix Q, submitted on
May 15, 2006, Camarda included a 4-page Blasting
Mitigation Plan for Patterson Crossing. It is his implicit
and explicit recognition that State laws were insufficient
and he sought to fill this gap. I quote from the preamble:
" Although, the Town of Patterson and the Town of Kent do
not have specific blasting requirements in their respective
Town Codes, title 12 of the New York State Code of Rules and
Regulations (12 NYCRR Park 39) governs the statewide
handling, transportation and storage of explosives. The
applicant will follow the requirements contained therein,
and to further mitigate any impacts from blasting, also
will meet the following protocols which are typical of those
found in municipal ordinances."
He then proceeds for the next three pages to outline the
protocols for the project protecting property and wells.
Space prevents me from including them in this e-mail but
suffice to say that many of the recommendations were
contained in blasting codes submitted for consideration from
Bedford and Phillipstown and Carmel's own Assistant Town
Engineer at the August 2006 Special Meeting.
Obviously, Camarda recognized that the New York State Law
was inadequate to protect residents and himself from
lawsuit. However, what it lacks is what we have recommended
in writing and in our Channel 8 Video and which the Town of
Carmel obtained against the DEP: an immediate Stop-Work
Order upon notification by a resident.
But the Supervisor and the rabid anti-blasting code, "Drop
Dead to Residents" Councilmen chose to ignore what Camarda
did not: that there are municipal ordinances on the books
that met the test for compliance without incurring town
legal liability.
But the lack of a code on the Carmel books can indeed result
in what the Supervisor wishes to avoid at all cost: they
have put not only residents immediately adjacent to project
in harm's way but the entire town.
Sincerely,
Ann
January 6,
2008
Good morning all - speculation as to
cause of the splitsville can be perhaps put to rest from the
sections that I have in bold. Was Camarda the homebreaker?
Sincerely,
Ann
Lawyer departs top Putnam law firm
By
BARBARA LIVINGSTON NACKMAN
THE JOURNAL NEWS
(Original publication: January 6, 2008)
CARMEL - Now that Adam Levy, Putnam County's new district
attorney, has moved out of his private law office at 105
Gleneida Ave., attorney William A. Shilling Jr. has moved
in.
Shilling was a longtime partner in the county's most
politically prominent firm, Curtiss, Leibell & Shilling, at
20 Church St. in Carmel. But after 22 years he has decided
to step out as a solo practitioner focusing on his
specialties, land use and zoning.
"I've been wanting to go out on my own, and this seemed the
perfect fit and at the right time," said Shilling, 52, a
lifelong Carmel resident and father of two children, 13 and
11.
He is also a first-term trustee with the Carmel Board of
Education and for the past 13 years has organized the annual
holiday tree-lighting celebration on Lake Gleneida for the
Hamlet of Carmel Civic Association. He is a graduate of SUNY
Oswego and Thomas M. Cooley Law School in Lansing, Mich.
Shilling said he would continue to represent his
current Carmel clients, Pulte Homes and Stoneleigh Woods,
two senior citizen housing complexes under construction off
Stoneleigh Avenue; and the Lake Plaza shopping center.
By striking out on his own, he said, he will avoid
any conflicts with former partners Tim Curtiss, who
represents the towns of Kent and Patterson, and Vincent
Leibell, a longtime state senator.
Curtiss wished Shilling well.
"He came to us and wanted to try it on his own. He was here
for a long time and basically right out of law school," said
Curtiss, who started the firm with Leibell 27 years ago.
Leibell is "of counsel" and handles wills, trusts and
estates. The firm has promoted two associates, Jennifer
Herodes and Anthony Mole, as partners and has added their
names to a new shingle that will read Curtiss,
Leibell, Herodes & Mole.
January 3,
2008
Schmitt Out of the Box -
Organizing the Town
Good morning all (Please note
procedures)
At the end of last evening's Carmel Town Board
Organizational meeting, Supervisor Schmitt met informally
with a group of residents. In response to Lori
Kemp's inquery concerning the inclusion of the blasting code
as a discussion item on the Work Session agenda for next
week (January 9th), he suggested that she write a letter to
him, stating the topic with a request to speak before the
Board.
I am therefore assuming that this will be the procedure that
will be followed by the new Supervisor and Town Board in the
future. I suggested to him that he enunciate it at next
week's meeting since it was not part of the discussion that
ensued concerning Public Comment with Supervisor Schmitt
supporting the resolution that set public comment to two
minutes (2) and to items on the agenda. It should be noted
that Councilman Ravallo at first, wished to limit public
input not to "comment" but solely to "questions."
Supervisor Schmitt deftly parried that suggestion and the
Board then voted unanimously to sustain the original
resolution.
In addition, please note that all meetings will start at 7PM
and that Work Session meetings will be convened in the
Supervisor's Conference Room. Also two New England style
meetings will be held - one in April at the Carmel Town Hall
and one in October tentatively set at the Hamlet of Carmel
Fire House.
To reiterate. New items of concern to residents should be
brought to the attention of the Supervisor, Ken Schmitt in
writing together with a request to address the Town Board at
Work Sessions.
I don't recall who brought up the issue but there remained
the situation where an urgent problem might arise but since
the Resolution limited "Public Comment" to agenda items, the
resident would not have an opportunity to address that item
in a timely manner and would have to wait for a work session
date. Something we could write to the Supervisor about. As
he said, he is anxious to establish communication with the
residents while maintaining good order of meetings. Has the
Era of Good Feelings begun? How long will it last?
Sincerely,
Ann |
