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602 N. Franklin St.
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Your Peace of Mind Dealer


4th straight day of arrests; total now 61

WATKINS GLEN, Nov. 20, 2014 -- Nine more people were arrested Thursday morning at the two Crestwood Midstream gates along Rt. 14 north of Watkins Glen, the fourth straight day on which protesters were removed from the sites.

While the number of arrestees reached 36 for the week, the total reached 61 since the current drive against Crestwood's gas storage plans kicked off in late October.

Arrested Thursday were John Burger, 56, of Dryden; Becca Harber, 64, of Newfield; Bruce Agte, 58, of Binghamton; Coby Schultz, 54, of Springwater; Margie Rodgers, 60, of Elmira; Britton Dougherty, 28, of Ovid; Maryl Mendillo of Aurora; Kathy Russell, 67, of Dryden; and Sara Hess, 68, of Ithaca.

Rodgers was among the original Seneca 12 arrested in March 2013 for blocking Crestwood's gates. She is the third person from that group to be arrested again. The others: Michael Dineen, 65, of Ovid, taken into custody Tuesday, Nov. 18; and Sandra Steingraber, 55, of Trumansburg, arrested Oct. 29 and sent to jail Nov. 19 for refusing to pay a fine after pleading guilty to Trespass.

Schultz, arrested Thursday, is the husband of Lyndsay Clark, who was arrested Nov. 3 and paid a fine Nov. 19 in Reading Town Court.

Each of Thursday's arrestees was charged with Trespass. Their scheduled court appointments stretch as far as Feb. 4.

A day later ... 8 more arrests

WATKINS GLEN, Nov. 18 -- One day after 10 protesters were arrested at the Crestwood Midstream gates along Rt. 14 north of Watkins Glen, 8 more were taken into custody on trespass charges early Tuesday morning, bringing to 43 the number of arrests in the past three weeks.

Where Monday's arrests (see story below) did not involve anyone taken into custody previously at the gates, Tuesday's list had four familiar names. Two were also arrested on Oct 29: Roland Micklem, 86, of Geneva, and Nancy Kasper, 55, of North Rose, Wayne County. Their initial cases are pending in Reading Town Court. A third, Laura Salamendra of Geneva, was arrested Nov. 3rd along with 14 other people. Her case is pending in the same court. A fourth person, Michael Dineen, 65, of Ovid, was one of the original Seneca 12 charged in March 2013 and one of three at that time who served a jail sentence for refusing to pay the mandatory fine for trespass.

Others arrested Tuesday included Katie Barrett, 55, of Syracuse; Catherine Middlesworth, 49, of Syracuse; Judy Leaf, 67, of Ithaca; and Peter Tringali, 62, of Ithaca.

Protesters have been blocking the Crestwood gates with some regularity since Oct. 23 in opposition to the federally approved storage of methane (and the proposed storage of propane and butane) in abandoned salt caverns west of Seneca Lake. A rally at the main gate leading to the firm's compressor station attracted an estimated 175 people on Oct. 24, and the first arrests came on Oct. 29.

Many of the earlier cases are scheduled to be processed in the Reading Town Court on Wednesday, Nov. 19. Protesters are planning a rally outside the town hall beforehand, at 4 p.m., featuring arrestees, business leaders and health experts. Sixteen arraignments are scheduled, and some of those facing charges are expected to choose jail time over paying a fine.

Photo in text: One of many protest signs evident in the past few weeks. (File photo)

10 more protesters arrested

Rally planned outside Reading Court Wednesday

WATKINS GLEN, Nov. 17 -- Ten more protesters, including several from a national movement demanding action on climate change, were arrested by Schuyler County Sheriff's deputies early Monday afternoon at two gates on Crestwood Midstream property along Route 14 north of Watkins Glen.

Each of the arrestees was charged with trespass and directed to appear Dec. 10 in Town of Reading Court. Among those arrested were:

Elizabeth Peet, 47, of Hector; Jeff de Castro, 60, of Trumansburg; Mark Scibilia-Carver, 62, of Trumansburg; Richard John Koski, 71, of Trumansburg; Faith Meckley, 19, of Geneva; John Abbe, 49, of Eugene, Oregon; Jimmy Betts, 30, of Iowa; Jane Kendall of New York City; Michael Clark, 29, of Cleveland, Ohio; and Kelsey Erickson, a Cornell University graduate living in Carlisle, Massachusetts.

The arrests came two days before scheduled court action Wednesday, Nov. 19 on 16 protest cases stemming from the arrests of 10 people on Oct. 29 and another 15 people on Nov. 3 at the same Crestwood gates. A protest rally and press conference is being planned outside the Reading court at 4 p.m. Wednesday. According to Sandra Steingraber, one of the initial 10 arrested (and who has spent time in jail before stemming from a previous protest arrest), "some of us will plead guilty, some won't, some will pay their fines, and some of us want to go to jail."

In Monday's action, Peet, de Castro, Scibilia-Carver and Koski were taken into custody first, at the smaller south gate; and the others a few minutes later at the main north gate that leads to Crestwood's compressor station. Unlike in the past, handcuffs were not employed by the arresting officers, witnesses said. All of the arrestees were taken to the Sheriff's office for processing, and released pending a court appearance. Each faces a trespass charge that can bring a $250 fine and $125 state surcharge or, in the alternative, a 15-day jail sentence.

The 10 new cases bring to 35 the number of people arrested at the two Crestwood gates in three weeks as part of a planned civil disobedience campaign in opposition to the federally approved storage of methane gas in Crestwood salt caverns west of Seneca Lake and in opposition to the proposed storage of Liquefied Petroleum gas (propane and butane), also in salt caverns. The latter project is still under state review. The protesters argue that the projects could contaminate the lake water and could lead to a catastrophic accident, such as an explosion.

All but one of the initial 25 cases are still active. One protester, Dwain Wilder of Rochester, served half of a 15-day sentence in Schuyler County Jail after pleading guilty to trespass and refusing to pay the fine. Seven cases were put on hold until this Wednesday evening by Town Justice Raymond Berry due to confusion regarding a second charge -- disorderly conduct -- that protesters said seemed in conflict with an accompanying trespass charge. Trespass, they say, relates to action on private property, while disorderly conduct relates to action on public property. Their question: How can both charges be lodged for the same incident?

There was no such confusion in Monday's arrests, although those arrested and those who showed up outside the Sheriff's Department to support them said the Dec. 10 court date before Town Justice John Norman was "bogus" because Norman -- one of two Reading justices -- recused himself from protest cases last week, at a hearing involving two protesters, due to personal employment with Crestwood. One Monday arrestee reported being told by Sheriff's Department personnel that no such recusal had been transmitted by the court.

Among Monday's out-of-region protesters, Kendall (right) -- who spent eight months with the Great March for Climate Action -- said she was "here today as a New Yorker. I'm really angry" about the gas storage plans. "It's obscene," she said.

The Hector resident, Beth Peet, proudly held up her appearance ticket -- for the Dec. 10th court visit -- and explained that this was her first arrest. "Having so many people on the team ... it wasn't scary," she said. "I consider this a civic duty, even more than voting."

Meckley, an Ithaca College journalism student and the youngest of the 35 protesters arrested since Oct. 29, participated in the Climate March from May 24 to Oct. 10, from New Mexico to Ohio. She then returned home to be part of the gas-storage protest. On the presence of other Climate Marchers, she said: "(It) goes to show that this is more than just a Finger Lakes or a New York issue. This is a national and even a global one. In a world where fresh, clean water is becoming ever more rare, we are sitting on a priceless treasure here that we may eventually have to share. We need to make sure that Seneca Lake and all the lakes are clean and healthy for generations to come."

Photos in text:

Top: Five of the arrestees pose outside the Sheriff's Department after being processed and given appearance tickets. From left: Elizabeth Peet, Mark Scibilia-Carver, Jeff de Castro, Richard Koski and Faith Meckley.

Second through fourth: Colleen Boland, facing charges of trespass and disorderly conduct from an Oct. 29 arrest, was present Monday recording the day's events; Monday arrestee Jane Kendall; and Sandra Steingraber, facing trespass and disorderly conduct charges from Oct. 29, and present outside the Sheriff's Office Monday in support of the latest arrestees.

Sandra Steingraber, center front, addresses supporters after court.

9 protest cases adjourned

1 man jailed; dual charges delay several cases to Nov. 19

READING CENTER, Nov. 6 -- Ten protesters arrested Oct. 29 in a blockade at two Crestwood energy company gates along Route 14 north of Watkins Glen appeared in court Wednesday night, but only one case reached conclusion: a 15-day jail term for a Rochester man.

The appearance of the 10 before Town of Reading Justice Raymond Berry was complicated by the presence of two charges against seven of the protesters: counts of trespass and disorderly conduct. Those seven had been arrested at the main gate to the Crestwood compressor station, where they were lined up, blocking a chemical company truck from entering.

They were protesting the federally approved storage of methane in salt caverns along the west side of Seneca Lake -- a project they say endangers the lake waters and threatens the economic vitality of a region steeped in wineries and tourism. There is also, they say, the danger of a catastrophic event, such as a major explosion that might seriously affect the area for miles.

The other three protesters that day were posted at a smaller gate to the south. At the time of their arrests, they weren't blocking any vehicles, although they said they had earlier prevented a small truck from exiting the Crestwood grounds. Each of the three was charged only with trespass.

Protest organizers said earlier this week -- following the arrest of 15 more protesters (whose court appearances are spread out across November and early December) -- that they were hoping their legal counsel would be able to get the Oct. 29th disorderly conduct charges dropped or any penalty from them eliminated through a plea agreement.

But, said Sandra Steingraber, a key protest organizer and one of Wednesday night's defendants, calls to the District Attorney's office "were made and made and made, but the DA didn't provide an answer."

When Wednesday's first defendant, Colleen Boland, told Judge Berry that she would plead guilty to trespass if the judge agreed to dismiss the conduct charge, he said he was not empowered to do that -- that such a result would have to be approved by the DA.

That set the tone through a two-hour-plus court proceeding. Berry adjourned Boland's case until 5 p.m. Nov. 19th, a pattern he followed in all but one of the succeeding cases. In some, defendants pleaded guilty, in some not guilty, and in a couple neither one, the pleas left up in the air.

Of the 10 defendants, only the case of Dwain Wilder of Rochester reached sentencing, after Wilder pleaded guilty to the single count of trespass lodged against him for his role at the south Crestwood gate.

"I did intend with all my might to block Crestwood's access," he told the judge before being fined $250 and a $125 state surcharge. He refused to pay, was accordingly sentenced to 15 days in the Schuyler County Jail, and was led from the courtroom by a deputy to begin serving his time.

The two defendants with him at the south gate, Rev. Nancy Kasper of Wayne County and Charles Geisler of Ithaca, pleaded not guilty Wednesday to trespass. Their cases were adjourned to Nov. 19.

The dual charges, presumably to be sorted out when the judge contacts the DA's office, are still faced by Boland, Steingraber, Jeanne Judson, Patrick Judson, Roland Micklem, Catherine Rossiter of Sayre and Patricia Heckart of Trumansburg. The latter actually split her pleas, saying "guilty" to trespass and "not guilty" to disorderly conduct, but said afterward that she wished she had entered "not guilty" to both. While a couple of defendants tried to read statements, only to be deterred by the judge, trespass-accused Geisler managed to read aloud a complaint issued by Crestwood official Barry Moon to the Schuyler County Sheriff's Office before the Oct. 29 arrests.

In it, the official said the protesters were "hindering the flow of traffic in and out" of the Crestwood grounds without permission, and that he wanted them "removed and arrested today and in the future" should they reappear at the company's gates.

After court was concluded, the defendants marched out of the building to cheers from about 80 supporters still on hand. A larger group -- about 150 people, counting defendants -- were present in the parking lot before the court opened. Steingraber told the post-court gathering that while she "had planned to go to jail tonight, we are going home ... But if we need to fill the jails to stop this project, we're willing to take that tactic."

The rally beforehand:

Well over 100 people gathered in the parking lot outside the Town of Reading hall more than an hour before the 7 p.m. court proceeding.

TV and online media were on hand, and speeches took center stage. With Steingraber acting as emcee, the microphones yielded speeches by defendants Colleen Boland, Jeanne Judson, Patrick Judson, and 86-year-old Roland Micklem, entrepreneurs Lou Damiani and Justin Boyette, former legislator (and Monday arrestee) Ruth Young, and recent Legislature candidate Sylvia Fox, who noted that she was one of two anti-storage candidates who combined earned more than half the vote in District 6, encompassing the Village of Watkins Glen and nearby environs.

All gave impassioned talks welcomed by the supporters, who occasionally broke into the chant: "We Are Seneca Lake," the term applied to the grassroots movement that has sprung up in opposition to the methane storage project.

Photos in text:

From top: Speakers at the rally preceding court included retired Air Force Master Sgt. Colleen Boland of Elmira; retired teacher Jeanne Judson and her son Patrick; former Schuyler County Legislator Ruth Young, and defendant Roland Micklem.

Left: Recent Schuyler County Legislature candidate Sylvia Fox. Right: Defendants Catherine Rossiter of Sayre (left) and Rev. Nancy Kasper of Wayne County.

15 more protesters arrested at Crestwood

WATKINS GLEN, Nov. 3 -- Five days after 10 protesters had been arrested at a pair of Crestwood energy company gates along Route 14 north of Watkins Glen, another 15 were arrested Monday morning by Schuyler County Sheriff's deputies and State Police.

This time, the protesters at the main gate were not arrested before the protesters at the second, smaller gate to the south. This time, police descended on both locales simultaneously. Arrested this time were 15 people who had not been arrested the previous Wednesday. And this time several of those taken into custody on trespass charges were elderly.

The protesters, who have objected loudly in the past to the planned storage of Liquefied Petroleum Gas in salt caverns to the west of Seneca Lake -- a proposal on hold at the state level -- are currently mobilizing against the federally approved storage of methane in salt caverns. They cite the potential contamination of Seneca and other Finger Lakes, and the threat of an explosion that they said could rock the region.

Among those taken to the Sheriff's Office for processing were 90-year-old Martha Ferger of Dryden, who said this was the first time she had ever been arrested -- at least "the first I remember." She added that she wasn't sure what she would do when she goes to court before Town of Reading Justice Raymond Berry. If a protester pleads guilty, he or she has the option of paying a mandatory fine and surcharge, or of going to jail for up to 15 days -- although the terms actually served by area protesters over the past couple of years have averaged seven or eight days.

Not far behind Ferger in years was arrestee Bob Henrie of Wayne County (right), who said he is 88 -- "the same number of keys on a piano." He said he is due in court on Nov. 12th, and wants to talk to 86-year-old Roland Micklem -- arrested last week -- before he makes a decision on what course to follow in court, and whether to opt for jail. "I know Roland's not going to pay," he said.

Celebrating his 75th birthday Monday was arrestee Kenneth Fogarty of Chenango County (below), a retired City University of New York math professor who in retirement has been teaching a class or two per semester at SUNY Morrisville's annex in Norwich. He said he has been active for years in C-CARE (Chenango Community Action for Renewable Energy), and that he expects to pay the fine instead of going to jail "because I have to teach" a college course, which he dubbed "Elementary Algebra for Frightened Adults."

"I'm in my last quarter on Earth," he said, "and it's time to pay it back. It's not to be desecrated."

And two years his senior was arrestee Ruth Young, 77, a former Schuyler County legislator who said she is a member of People for a Healthy Environment -- one of several grassroots organizations that have sprung up in recent years in reaction to hydrofracking and associated ecological hot buttons -- including the storage of gases in salt caverns. She said the arresting officers were "very gentle and professional," giving a verbal warning before making arrests. But, she added, “I am saddened to see what is going on here.”

Others arrested were Lyn Gerry of Watkins Glen, John Dennis of Lansing, Mariah Plumlee of Covert, Joanne Cipolla-Dennis of Dryden, and Lindsay Clark of the Rochester area, along with several people whose places of residence were not available: Laura Salamandra, Elan Shapiro, Darlene Bordwell, Jodi Dean, Paul Passavant, and Stephanie Redmond.

Dennis was quoted in a press release from protest organizers as saying: “I’m worried about water quality. There are severe salinity problems already, and I’m almost certain those will get worse because we think the existing problems are caused by gas storage started in 1964.”

Plumlee, a mother of three, was quoted as saying: “I think it’s really important to do this, and if everybody did this then we wouldn’t have this problem. We moved here almost ten years ago because we knew it would be a wonderful place to raise a family.”

Gerry, a radio journalist, was quoted too: "Our elected officials have let us down," he said, "so we have to take matters into our own hands. I love Seneca Lake, I love this area. I’m not from here originally. I’ve traveled 3,000 miles to come to this beautiful place by this beautiful lake to live. I’ve come from a place that greed has already destroyed. So I know what a land being destroyed looks like. So now, my back is to the wall and I must defend what I love.”

Serving as liaison with police at the arrest sites Monday were Sandra Steingraber, noted professor, author and activist, who was among the 10 people arrested last week, and Doug Couchon of Elmira, who said more protest plans are in the hopper, but that he isn't about to undercut the strategy by divulging them. "It's a long-term campaign," he said.

Meanwhile:

The 10 people arrested last week are scheduled to appear Wednesday before Justice Berry. All were charged with trespass, and unlike in the past or on Monday, seven were charged with disorderly conduct -- like trespass a violation. Organizers were hoping the "DisCons," as they called the Disorderly Conduct counts, would be dismissed or simply merged with the trespass counts.

Photos in text:

Top: From left, arrestees Ruth Young, Martha Ferger and Joanne Cipolla-Dennis.
Second through fourth: Arrestee Bob Henrie, 88; arrestee Kennth Fogarty, 75; and liaison Doug Couchon.

Schuyler Room Tax challenge dismissed

Special to The Odessa File

WATKINS GLEN, Oct. 30 -- A New York State Supreme Court judge has dismissed a
challenge to Schuyler County’s Hotel/Motel Occupancy Tax.

In a written decision received by the county Wednesday, October 29, Justice Judith O’Shea ruled that the county properly assessed the taxes against a New Jersey man who owns and leases vacation homes in Schuyler County.

According to County Attorney Geoffrey Rossi, the county had previously found the owner, Thomas Schneider, responsible to pay $6,102 in back taxes under Schuyler County Local Law No. 2, also known as the “Hotel or Motel Room Occupancy Tax."

Court records show that Schneider owns and leases three properties as single-family residential vacation homes in Schuyler County. The properties are located in Burdett and Watkins Glen, and operated under the name “Seneca Lake Vacation Rentals.”

In 2013, the county notified Schneider that he was responsible to pay back room taxes for the years 2010-2012. Schneider objected and, in October 2013, the county held a hearing on the case.

After the hearing, Schneider filed a proceeding under CPLR 78, appealing the county’s ruling. In his petition, Schneider alleged that the county’s decision was “arbitrary and capricious” for several reasons and claimed that the county had misinterpreted the definition of a hotel by including vacation rentals in the definition.

The county, through Rossi, argued that the local law was a permissible use tax under New York State Tax Law and properly applied to vacation rentals and bungalows. The county said that the Schneider properties clearly met the definition of tourist facilities, subject to the tax.

O’Shea agreed with the county. In a written decision dated September 19, and signed October 27, the judge ruled that the county had authority to levy the tax, noting that the local law was intended to promote Schuyler County in order to increase convention, trade show and tourist business in the county.

Therefore, the court “denied and dismissed” Schneider’s petition in its entirety.

The county was represented in the proceedings by Rossi. Schneider was represented by the Ithaca law firm of Schlather, Stumbar, Parks and Salk.

Schneider has 30 days to appeal the decision under New York State law. According to Rossi, it is not yet known if Schneider plans to do so.

SCCUDD awarded federal 5-year grant

Special to The Odessa File

WATKINS GLEN, Oct.10 -- The Schuyler County Coalition on Underage Drinking and Drugs (SCCUDD) has received a federal Drug Free Community Grant that will bring $125,000 into the county each year for the next five years.

“The grant will be used by the coalition to reduce the impact of alcohol, tobacco and marijuana usage by Schuyler County youth,” Schuyler County Public Health Director Marcia Kasprzyk said.
The county Public Health Department is the lead agency for the grant.

SCCUDD was one of only 12 organizations in New York to receive 2014 funding from the National Substance Abuse and Mental Health Services Administration. Nationally, 197 grants were awarded.

Kasprzyk said SCCUDD’s work will focus on changes to decrease community tolerance of underage substance use and to reduce access to alcohol and drugs.

A recent survey of all 7th- through 12th-graders in Schuyler County showed use of alcohol and drugs to be above the national average in every grade.

“The average age of first use was 11,” SCCUDD President Mel Schroeder said. “The effects of underage drug and alcohol use can be life-changing scholastically, legally and physically. We need to work as a community to do all we can to minimize these negative effects that could change our kids’ futures.”

The mission of SCCUDD is to prevent, reduce and delay the onset of substance use among Schuyler County youth by collaborating with community partners, promoting prevention education and substance-free activities and implementing environmental strategies.

The coalition is composed of agencies, institutions and concerned community members working together toward the common goals of SCCUDD.

Anyone interested in becoming involved with SCCUDD should go to www.schuylercounty.us/sccudd to learn more.

Vickio picks up GOP Committee backing

Special to The Odessa File

SCHUYLER COUNTY, Sept. 24, 2014 -- The Schuyler County Republican Committee has unanimously voted to endorse Deputy Treasurer Harriett Vickio, a Democrat, as its candidate in the November 4th election for the office of Schuyler County Treasurer.

The post opened with the Aug. 1 resignation of Gary Whyman.

According to GOP Chairman Phil Barnes, “In the short time that she has been Deputy, Harriett is already making noticeable and sound fiscal changes in the operation of the Treasurer’s office.”

Barnes said the recent endorsement is the first time in memory that the party has chosen to back a Democrat for a countywide office.

“While we would have preferred to endorse a Republican for this key position," he said, "ultimately the party felt that qualifications and abilities trumped politics. We unanimously agreed that Ms. Vickio is the best candidate for Treasurer and that she will bring much needed reform to that office.”

The Treasurer’s office has come under fire in past years by the County’s independent auditing firm and the Legislature and has recently undergone a review by the NYS Comptroller’s office.

Vickio is running against former Treasurer Margaret Starbuck, who will appear on the Democrat, Conservative and Independent lines. In addition to being on the Republican line, Vickio will be on the Listening Party line, too.

Photo in text: Harriett Vickio (File photo)

Law targets invasive species

O’Mara-Lifton legislation signed by Cuomo; eyes prevention

Special to The Odessa File

ALBANY, Sept. 2 -- Governor Andrew Cuomo has signed into law legislation sponsored by Senator Tom O’Mara (R,C-Big Flats) and Assemblywoman Barbara Lifton (D/WF-125th District) designed to help stop the spread of aquatic invasive species throughout the Southern Tier and Finger Lakes regions and statewide.

The new law (S.7851-B/A.9619-B) will require boaters to take reasonable precautions when launching their boats. It directs the state Department of Environmental Conservation (DEC) to develop rules and regulations for boaters to take precautions to prevent the spread of invasive species, such as removing all visible plants and animals from, or washing, draining and drying both motorized and non-motorized watercraft and related gear when entering and leaving a launch site.

“Individual boaters are the front line of defense against the spread of invasive species, and this new initiative offers a straightforward approach asking all boaters to do their part to help protect waterways, regional tourism economies and local jobs,” said O’Mara, a member of the Senate Environmental Conservation Committee.

“Taking every possible step to stop the spread of destructive invasive species before they take hold is the most cost-effective and common-sense approach to combat this severe threat to the environment and economy of the Finger Lakes and other waterways statewide. I, together with numerous regional leaders, know firsthand how difficult it’s been trying to eradicate hydrilla from Cayuga Lake in Tompkins County. Greater awareness, education and prevention are the best solutions.”

Some estimates have pegged the annual cost of invasive species to the national economy at $120 billion a year.

Similar efforts are being undertaken across the country and major outdoor outfitters such as Cabela’s and Bass Pro are helping educate boaters on clean, drain and dry procedures to prevent the spread of invasive species from one body of water to another.

Following is a link to the Governor's announcement:
http://www.governor.ny.gov/press/09022014-aquatic-invasive-species

Photo in text: State Senator Tom O'Mara (File photo)

Protester Alderson opts for jail

READING CENTER, Aug. 21 -- Jeremy Alderson chose jail over a fine or community service Wednesday and was thus sentenced by Reading Town Justice Raymond Berry to 15 days in the Schuyler County lockup.

Alderson was found guilty in the Reading court months ago, but the case was delayed by appeals, first to Schuyler County Court and then to the state Court of Appeals, which earlier this summer rejected the effort.

Alderson had been arrested on Sept. 6, 2012, during a protest at the Crestwood (then Inergy) gate alongside Rt. 14 just south of the 14A overpass. The protest was one of many that have been held in opposition to the Crestwood plan to store Liquefied Petroleum Gas in depleted salt caverns. The plan has long been under consideration by the state.

Alderson faces sentencing on a second trespass charge in Town of Dix Court, where Justice Alan Gregory found him guilty following a trial in mid-June. That charge stemmed from a June 28, 2013 arrest at the same gate. Alderson will face a choice there, too: pay a $250 fine and $125 surcharge or face another jail term. He is due to appear in that court again on Sept. 10.

Wednesday's hearing carried what Alderson attorney Gerald Kinchy called an "unusual offer" for a trespass case. The District Attorney's office, represented by Law Intern Seamus P. Donnelly, gave Alderson options beyond a fine or imprisonment. It offered 120 hours of community service or participation for 15 weekends in a Sheriff's Office work program.

Either service option, if taken, "would have defeated the purpose of what Jeremy wanted to do," said Kinchy -- which was to make a statement of civil disobedience. Several other protesters had chosen jail in previous, related trespass cases.

Alderson declined all options except jail, and in the end told Justice Berry that despite the circumstances, he would remember the judge "fondly." Responded Berry: "That's something I rarely hear." And upon turning Alderson over to deputies, the judge told the defendant "Good luck."

Before departing, though, Alderson asked that the court convey to the jail that the defendant is a proponent of Jewish Vegetarianism in the hope that his jail diet could be shaped to accommodate him. He presented letters from two rabbis who, he said, were attesting to his dietary regimen.

Alderson was led by deputies to an office off the hallway in the town building that houses the court. They then took him outside, handcuffed, as a dozen or so supporters repeatedly yelled "Thank you, Jeremy" and applauded him. He was then transported to jail.

Afterward, Alderson had his son distribute to supporters an email, written by Alderson. It was sent an hour after the sentencing.

"If you're reading this, I'm in jail," it said.

"I'm not asking anyone to keep a vigil for me, because I don't think they're particularly effective. I do hope, though, that people will circulate the press release summarizing my report on the WGFD (another email, asserting that the Watkins Glen Fire Department is not prepared to fight a catastrophic fire at the Crestwood storage facility, should the storage plan be approved and if such an accident were to occur). I'd like it if it could be distributed to businesses and others in Watkins Glen.

"I sent copies to all of our Schuyler County legislators. So far, I've even gotten two responses, one from Phil Barnes, who seems genuinely interested, and one from Barbara Halpin, who wrote, "Please take me off your mailing list." It would be nice if people could write to our legislators -- their e-mail addresses are on the Schuyler County website -- and to Watkins Mayor Mark Swinnerton (who is opposed to the Crestwood project) and let them know that you want these safety concerns taken seriously.

"Lastly, I have another court date coming up before Judge Gregory in the town of Dix court, at 7:00 p.m. on September 10th. At that time, I will be sentenced for my second trespassing conviction related to Crestwood. You never know, I may just have such a good time in Hotel Schuyler that I'll want to go back, but it's never been my intention to go to jail twice. So for the second time around I plan on paying the fine, and I could use some help with that. There's a 'Donate Now' button on the No Frack Almanac website (which he publishes): (http://www.nofrackalmanac.com). If you can spare a few bucks, I'd appreciate it, and anything left over I'll pass on to the general defense fund for the next wave of civil disobedience."

Photos in text: Jeremy Alderson confers with his attorney, Gerald Kinchy, before sentencing; Alderson and his wife share a moment before he is led away by deputies.

Glen board opposes LPG plan

3 trustees vote against Crestwood project; 2 abstain

WATKINS GLEN, Aug. 19 -- The Watkins Glen Village Board Monday night finally voted on Crestwood's plan to store Liquefied Petroleum Gas (LPG) in depleted salt caverns north of the village -- and opposed it by a narrow margin.

The vote was 3-0, a bare majority that brought the deciding vote from Mayor Mark Swinnerton, who has been clearly against the project for months.

Joining him in passing the resolution were trustees Scott Gibson, who crafted the document, and Kevin Smith -- both of whom said they had been "on the fence" regarding the issue until finally siding with the resolution's sentiment that tourism -- an economic driver in the village -- held sway over a plan that meant only 8 to 10 jobs while creating increased truck traffic and no clear upside.

Abstaining were trustees Paul Clifford and Tony Fraboni, each of whom made it clear they don't favor the project. Clifford, however, felt his abstention was necessary "to avoid the appearance of a conflict of interest" in that he works for a Crestwood competitor, the Cargill salt firm. Fraboni said he didn't think board opposition would have any effect on the state's decision for or against the storage plan, and that it would "only polarize" residents of the village. "I don't like the position of being stuck in the middle," he said.

The resolution read in part: "Resolved, in keeping with the majority opinion of the local Village community, the Village of Watkins Glen Board respectfully requests that the New York State Department of Environmental Conservation withhold approval of any plan for mass storage of LPG adjacent to or under Seneca Lake and exercise its power in identifying a more appropriate location for any such storage site."

Gibson said that while he had been vacillating for the past few months, his position solidified while he wrote the lengthy resolution -- which focused in large part on the importance of tourism to the village and its future. "I looked at it from an economic standpoint," he said, with an eye toward "untapped resources" that "we can take advantage of ... and get more money into the area." With an expected increase in truck traffic generated by the project, he said, he had to ask: "Is this .. appropriate for our area and its direction? No."

Smith said he had also been on the fence until "it came to me": He had to vote the way his constituents wanted. And, he said, voting against the plan "is what they want." Even though the project would be outside the village, the village would feel its impact, he said, adding: "This is about us, not the county as a whole, and not (the Town of) Reading."

Swinnerton, in introducing the resolution as an add-on to the agenda, said he would "like to see the board pass it," but first needed a motion to bring it to the floor. Gibson made the motion, and Smith seconded. The mayor said in reaction to Fraboni that "I think our opinions do matter" and that "it's why we ran for office: to speak for the people of the village."

Clifford said that while he was abstaining -- a move suggested before the vote by meeting attendee David Crea, a Crestwood employee -- "I have a personal opinion" on the storage plan, which "is not the direction we want to go ... It comes down to math." He said the project's 8 to 10 promised jobs "are not worth" possible negative consequences.

After Gibson and Smith had supported the resolution, and after Clifford and Fraboni had abstained, Swinnerton said "it comes down to me. I vote in favor of the resolution."

That prompted applause from a small audience of five project opponents.

Photos in text:

From top: Mayor Mark Swinnerton; abstaining trustees Tony Fraboni (left) and Paul Clifford; and trustee Kevin Smith.

From left: Legislators Jim Howell, Michael Lausell and Van Harp at Monday's meeting.

LPG storage opponents renew their pleas to Legislature

DEC announces 'issues conference' on Crestwood plan

WATKINS GLEN, Aug. 12 -- The Schuyler County Legislature Monday night heard a string of people opposed to the proposed storage of LPG gas in salt caverns alongside Seneca Lake, a group buoyed by an announcement from the New York State Department of Conservation of an "issues conference" that could lead to "an adjudicatory hearing" on the project.

The Legislature listened to the speakers but took no action despite pleas from the majority of them that it "step back," rescind its June resolution favoring the storage plan, and "start over" with an open mind and with an open ear to the opponents' objections.

The DEC announcement was in a press release read by Chairman Dennis Fagan to the audience of 30-plus people on hand for the Legislature's regular monthly meeting. Much larger turnouts had been present at the past two months' meetings as protesters organized, marched and heckled legislators. By contrast, this session was the soul of civility.

Opponents speaking Monday responded to the DEC news by declaring it "huge," but one project supporter, Crestwood employee David Crea, suggested it was just another delaying tactic to carry Governor Andrew Cuomo's decision on the project past the November elections. There has been speculation Cuomo is delaying a decision on the political hot potato until he is safely re-elected.

The speakers

Among Monday's opponents was retired Cayuga Medical Center CEO Rob Mackenzie, who presented legislators with copies of an "Independent High-Level Quantitative Risk Analysis" he conducted of the storage proposal -- a study that measured rail transportation, truck transportation and salt cavern risks. He concluded that:

"Rail transport events are scored a very low likelihood at 3%, but risk reduction efforts should be considered because of possibly extreme consequences. Truck transport events are scored a low likelihood at 8-10%, but are an unacceptable risk because of extreme consequences. Salt cavern storage events are scored a medium likelihood at 35%, and are an unacceptable risk because of extremely serious consequences ...

"In aggregate, the likelihood for a liquefied petroleum gas disaster of serious or extremely serious consequences within the county in the next 25 years is scored at more than 40%. From the perspective of community safety based on this analysis, the Crestwood proposal carries an unacceptable risk of serious or extremely serious consequences. Because risk mitigation efforts in salt cavern storage have thus far proven unsuccessful in significantly reducing the frequency of serious and extremely serious incidents, an alternative plan should be considered."

Sylvia Fox, a Town of Reading resident who has been instrumental in the storage-plan protests, asked in a prepared statement: "Why should Schuyler County residents take all the risk for the gain, the profit, of a Texas-based corporation?" She also attacked the Legislature's "unacceptable handling of this obviously controversial issue," concluding with this plea to legislators: "I am asking you, once again, and I will continue to ask: Please revoke this very flawed resolution tonight."

Paul and Mary Ann Wehrung of Burdett said they are "concerned homeowners" recommending that the legislators "stop, step back ... and revote on this." Said Paul: "It's too serious to let it go the way it's been going. Start again." Added Mary Ann: "I think you acted very hastily."

Richard Ballard of Montour Falls said he moved here because of "the beauty ... but had I known the beauty, the water and the air would be put at risk by misguided people, I would have considered moving elsewhere."

The press release

The DEC press release, while both touted and denigrated by attendees, was explained by County Administator Tim O'Hearn: "This doesn't set new public hearings. It is an administrative hearing where groups can petition for party status in order to participate."

The press release read as follows: "Based on extensive public interest regarding a proposal to construct and operate an underground facility for storage and distribution of liquefied petroleum gas (LPG) in the Town of Reading, Schuyler County, State Department of Environmental Conservation (DEC) Commissioner Joe Martens announced that an issues conference will be scheduled through DEC's Office of Hearings to determine if there are any significant and substantive issues that require an adjudicatory hearing.

"Participation in the issues conference would involve DEC staff, the applicant, and any individual or group that has filed a petition for party status. The schedule for the issues conference, as well as for the filing of petitions for party status, will be set by an administrative law judge in the near future.

"Finger Lakes LPG Storage, LLC, c/o Inergy Midstream LLC (now Crestwood), has proposed to construct and operate a new underground LPG storage facility for the storage and distribution of propane and butane on a portion of a 576-acre site located on NYS Routes 14 and 14A west of Seneca Lake in the Town of Reading.

"The storage facility would utilize existing caverns in the Syracuse salt formation created by US Salt and its predecessors' salt production operations.

"DEC will not grant a permit unless it can be demonstrated that the permit is in compliance with all legal requirements and that the proposed activity can be done safely in New York State."

In other business, the Legislature:

-- Acknowledged the appointment of Harriett Vickio as deputy county treasurer in the wake of the resignation of treasurer Gary Whyman and the advancement of Lisa Snyder from deputy treasurer to acting county treasurer. Snyder appointed Vickio -- previously the county's Director of Purchasing -- as her deputy. Vickio, in turn, announced she will seek the treasurer's post in the November election to fill out the final year of Whyman's term.

Photos in text:

From top: Legislator Tom Gifford listens to statement by Sylvia Fox; retired Cayuga Medical Center CEO Rob Mackenzie; Legislature chair Dennis Fagan; and LPG project supporter David Crea.

Vickio announces candidacy for Treasurer

Special to The Odessa File

WATKINS GLEN, Aug. 9 -- Schuyler County Deputy Treasurer Harriett Vickio Friday announced her intent to run for the office of County Treasurer.

In announcing her candidacy, Vickio said: “The office of Treasurer is a critical position within County government and it is imperative that the next Treasurer have the knowledge and skills to ensure financial stability for Schuyler County. I feel that my background both in the public and private sector makes me uniquely qualified to fulfill the significant obligations of this office.”

Vickio, who was appointed Deputy County Treasurer -- effective Aug. 4th -- by Acting Treasurer Lisa Snyder following the resignation of Treasurer Gary Whyman, has served as the County’s Director of Purchasing for the past six years. Prior to that she was employed by Dresser Rand, first in government finance and later in private sector purchasing.

“As Purchasing Director," Vickio said, "I have led efforts to better utilize our financial software as well as streamline procurement and accounting processes county-wide. I am proud to have played a role in correcting many of the deficiencies that have been consistently cited by independent auditors over the past several years.”

Vickio acknowledged the pressures that the Treasurer’s office has been under the past several years. “While the auditor’s reports have consistently pointed out material weaknesses and deficiencies for many years," she said, "I feel that former Treasurer Whyman has instituted a number of corrective action items that simply need strong leadership to fully implement. It is my firm belief that there will be continued efficiencies identified and implemented, correcting many of these longstanding and well-documented problems.”

Vickio is a lifelong resident of Schuyler County. She currently serves as Vice President of Spirit of Schuyler, a non-profit organization that provides assistance to Schuyler County residents in times of emergency. She and her husband Tony reside in the Town of Dix and are the parents of two grown children, Mark and Beth.

Vickio, a registered Democrat, is planning to run as an Independent candidate and will also seek other party endorsements. She said she will be releasing her campaign platform in the coming weeks and welcomes all input from Schuyler County residents.

Photo in text: Harriett Vickio (Photo provided)

Watkins Glen Mayor Mark Swinnerton listens as retired Cayuga Medical Center CEO Rob Mackenzie addresses the issue of LPG storage.

Glen board talks LPG storage again, but fails to act again

WATKINS GLEN, Aug. 5 -- The Watkins Glen Village Board once again Monday night discussed the proposed Crestwood LPG storage project alongside Seneca Lake, and once again failed to vote on its sentiment regarding the project.

This time, trustee Scott Gibson was absent, on vacation. Last meeting, both Mayor Mark Swinnerton and trustee Paul Clifford were absent. The time before that, it was trustee Kevin Smith who was missing.

Swinnerton has said he wants the entire board present for a vote -- and explained Monday that now he is trying to arrange a time when the board can visit a Crestwood storage facility in Bath to better understand the company's position.

And yet, while the board seems to be trying to cross all of its T's and dot all of its I's on the matter before voting, a majority has made it clear it does not favor the project. Swinnerton came out months ago against it, Gibson has expressed opposition, and Clifford -- as he did Monday -- says he sees no benefit to counterbalance the potential risk of the project.

The board heard Monday from four people regarding the project. Only one of them was in favor of it.

Retired Cayuga Medical Center CEO Rob Mackenzie -- who has urged caution in considering the project -- spoke to his experience in safety studies and the expectation that an accident of some significance will eventually occur here as well, based on past performance in the propane industry.

6th District County Legislature candidate Angeline Franzese said she has visited 170 households in her campaign and that opposition to the project was expressed at almost every one. "I haven't found any Silent Majority supporting it," she said, adding to the board: "You are the heart of the county. I think the governor should know how the heart of the county feels. I urge you to take a stand for the village. I'd like to see some action on behalf of the people."

Reading resident Gita Devi said the project is "not going to bring in revenue" and "could negatively impact or destroy" the area wine industry and tourism. "Take a stand against this."

Crestwood employee and outspoken project supporter David Crea urged the board to follow through with its tour of the Bath facility, and to consider that almost any project in life brings with it risks. Despite "an orchestrated effort to get the board to take a stand against LPG storage," he said, "I urge you to make an effort to learn more."

Which, Swinnerton replied, the board intends to do.

The board also:

--Discussed the village policy toward removing trees after Jo Ann and Jack Considine of 222 Third Street complained that a tree on their property had been removed by the village DPW without their knowledge or wishes while they were away in July at their son's wedding in Calforinia. Swinnerton said the board would present its reasons for the removal in writing to the Considines, but agreed that "probably there are some things we could do better, with communication at the top of the list. ... We'll look at the policy to see if it needs to be updated. We feel your pain." While the cause of the tree's removal was not explained, the mayor noted that there was "a very good reason for taking this one."

Photos in text:

From top: Trustee Paul Clifford listens; speakers Angeline Franzese and David Crea.

Wineries urge Cuomo to deny Gas Storage Facility permit

The following information was obtained from various sources.

ALBANY, July 31 -- More than a dozen Finger Lakes winery and vineyard owners, along with other business owners, visited Albany Wednesday to call on Governor Andrew Cuomo to protect the region’s growing wine industry and thriving tourism by denying permission for a proposed gas storage facility in the Town of Reading, north of Watkins Glen.

The winery owners held a news conference at which several of them spoke, trying to pressure the governor to reject the plan, should the Department of Environmental Conservation approve it. Some Schuyler County politicians believe the DEC has already given its blessing for the plan, but that Cuomo is waiting until after elections in November to give final approval.

However, DEC spokeswoman Emily DeSantis said in a statement that the proposed facility's permit won't be approved until the agency's review is finalized -- and that it "remains pending while DEC staff continues to review the public comments submitted on the Draft Supplemental Environmental Impact Statement during the New York State Environmental Quality Review Act process."

She said the DEC has no deadline. It has been studying the matter for three years.

The winery owners' appeals included one from Doug Hazlitt, a sixth-generation Finger Lakes vintner and owner of Hazlitt 1852 Winery in Hector.

“Governor Cuomo (right) has been a great supporter of New York’s wineries and the Finger Lakes," he said, "but this proposed gas facility threatens our future growth and place as the Napa of the Northeast. We need Governor Cuomo’s support now to protect the health of our region and the very things that make it great – the local businesses, renowned wine, and our way of life.”

The wineries are part of the opposition to Texas-based Crestwood-Midstream’s proposal to use old abandoned salt caverns along Seneca Lake to store millions of barrels of liquid petroleum gas (LPG) and billions of cubic feet of natural gas. The proposal, say the project's opponents, has generated opposition from more than 200 businesses, 10 municipalities and thousands of residents in the Finger Lakes region who are concerned about the threat it might pose to one of the state’s largest supplies of drinking water, the local economy, and the area’s wine and tourism industry.

“There is widespread opposition throughout the Finger Lakes to this dangerous proposal – it crosses political affiliation and views, with a clear understanding of what is at stake,” said Seneca County Legislator Steve Churchill. “Hundreds of businesses and thousands of residents don’t want their health and drinking water jeopardized or their way of life trampled on by the hazardous over-industrialization this Texas-based corporation would bring to the Finger Lakes. Governor Cuomo should stand with the people of the Finger Lakes by denying permits for this facility, and he would be remembered as a hero for preserving the jobs and economic growth already occurring in the heart of New York.”

Bill Gautreaux, Crestwood's president of liquids and crude, said the caverns' geology is conducive to LPG storage.

"Our Finger Lakes project will provide significant consumer benefits without jeopardizing the health and welfare of the communities in which we operate and our employees live," he said in a statement.

Governor Cuomo highlighted the success of the wine industry at his 2013 Governor’s Cup Wine Competition in Watkins Glen, near the location of the proposed gas storage facility.

“We buy our grapes from the shores of Seneca Lake, and the dozens of wineries in the area are opposed to this gas facility because it threatens our local businesses and economy," said Will Ouweleen, co-owner of the O-Neh-Da and Eagle Crest Vineyards. “This is a regional issue that endangers the jobs our businesses have provided for local families and residents for generations.”

The region has become so widely known for its winemaking that vintners from outside of the area have begun to invest in the area as well.

“Due to the hard work of so many of our local wineries who have toiled in the Finger Lakes for generations, the area has become an international hotspot for quality wine and has experienced increasing investment,” said Michael Warren Thomas, host of Rochester radio show The Grapevine. "That is why the region has garnered attention from winemakers as far as Napa and Germany.”

“There is no justification for jeopardizing the Finger Lakes’ place as an international destination for world-class agritourism,” said Lou Damiani, owner of Damiani Wine Cellars. “There is no propane shortage, and we have worked too hard to get where we are now. We won't let the Finger Lakes region become the sacrifice zone for the gas industry and risk losing everything.”

Photo in text: Governor Andrew Cuomo (File photo)

No vote yet on LPG storage

WATKINS GLEN, July 22 -- The Watkins Glen Village Board Monday night -- with two of its members absent, including Mayor Mark Swinnerton -- failed to vote on whether to support or oppose the proposed Crestwood plan to store Liquefied Petroleum Gas in salt caverns north of the village.

Swinnnerton had earlier said that if all members of the board were present, they might finally weigh in -- as other governments in the region have -- on the desirability or lack thereof regarding the Crestwood plan. The Schuyler County Legislature has supported it, while various other governmental units in counties bordering Seneca Lake have opposed it.

But the matter wasn't ignored Monday. There was more discussion on the topic, with two women, Barb Cook of Watkins Glen and Syliva Fox of the Town of Reading, urging the board to come out against the storage plan.

Said Cook, referring to the campaign by Swinnerton, Scott Gibson and Kevin Smith three years ago when they ran for the Village Board: "Three gentlemen came to my house and asked me to vote for them. I'm asking each of them to vote for my lake, my little town ... please vote no."

And Fox distributed a handout to those board members present -- Gibson, Smith and Tony Fraboni -- containing a list of "14 reasons based on fact why you should oppose LPG storage." The "facts" dealt with the Crestwood-proclaimed safety of the project, with truck traffic, with the potential effect of the project on drinking water, with industrialization, with a "propane glut," with a lack of emergency preparedness, and with other related items.

"Hold firm," she told the trustees, "and say this is not what our town wants to be."

Both women said after the meeting that they had attended with the understanding that a vote might be forthcoming that night. But with Swinnerton tied up in a business meeting in Owego and Paul Clifford in Ohio, there was barely a majority on hand for the meeting.

Gibson did comment on the subject, though, noting that the board is being careful in arriving at a decision because it will be made on behalf "of the entire community. It's not easy. We all have our opinions."

He added: "The more I talk about this, the more I'm convinced it's not what is economically best for us. Why are we looking to obtain more risk ... on behalf of what? There is no tangible benefit to the community." The storage plan, he concluded, "is not compatible" with the area's burgeoning wine industry.

However, the vote -- whenever it occurs -- will neither green-light nor block the project. Approval or denial will be decided at the state level.

In other business, the board:

--Approved a request by Watkins Glen Promotions to hold the 21st annual Grand Prix Festival in the village on Friday, Sept. 5, with Franklin Street closed from 1 p.m. to 9:30 p.m. This year's featured car will be the MG.

--Gave conditional approval, contingent on the signing of the application form, for the Italian American Festival to run from Aug. 1-3. The festival will be held, as always, at Clute Park, with a parade on Saturday, Aug. 2 along Decatur and Fourth Streets.

Photo in text: Watkins Glen Village Board member Kevin Smith at Monday's meeting.

Whyman quits treasurer's post; special election needed

WATKINS GLEN, July 21 -- Gary Whyman on Monday submitted his resignation as Schuyler County Treasurer, effective Aug. 1. He attributed the decision to "family issues."

The move, in the third year of his first four-year term as treasurer, means a special election will be held in November to fill the unexpired portion of the term. In the interim, Whyman will be succeeded by either a gubernatorial appointee or by Deputy Treasurer Lisa Snyder.

In either case, said County Administrator Tim O'Hearn, the person who assumes the job will have to run and win in November in order to continue in it.

O'Hearn said he learned early Monday afternoon about Whyman's decision, and said he would be meeting with the staff of the Treasurer's office on Tuesday to discuss "the succession and the continuity of office."

Whyman, who won election in 2011 and assumed office on Jan. 1, 2012, said in an email that the "family issue" involves a death in the family. He said he would be staying in the area, and continuing to serve the Spirit of Schuyler, a non-profit organization that helps county residents with emergency needs.

His letter of resignation as County Treasurer follows:

"There comes a time for everyone when family events occur that bring about a change of life focus. I have recently endured such an event… and it has, and is still changing my focus.

"Because of this change in focus, I am officially tendering my resignation, effective August 1st, 2014, from the position of Schuyler County Treasurer.

"I want to take this opportunity to thank everyone who has been exceptionally patient and understanding during my tenure here. I also want to express my great pride in the teams I have worked with and the forward strides we have made, and improvements that have been put in place for the future of Schuyler County.

"I wish you all the very best in your future ventures."

Photo in text: Gary Whyman (File photo)

LPG storage protesters march up Watkins Glen's Franklin Street from Seneca Harbor Park to the Schuyler County Courthouse.

Legislature won't rescind; protesters heckle Fagan

WATKINS GLEN, July 15 -- The Schuyler County Legislature Monday night turned back an effort to rescind its June 9th vote favoring the Crestwood LPG gas storage plan, and in the process triggered an angry response by protesters waiting outside the County Building. The crowd had gathered there after a rally of more than 300 people at Seneca Harbor Park and a march up Franklin Street.

The vote was 5-3, with Michael Lausell -- who introduced the rescindment measure -- Barb Halpin and Van Harp voting in favor. Chairman Dennis Fagan and Legislators Tom Gifford, Stewart Field, Phil Barnes and Jim Howell voted against it.

After the meeting, as the legislators were leaving, the crowd outside peppered Fagan with shouts of "Shame on You! Shame on You!" and "Fagan Must Go! Fagan Must Go!" as he made his way from the building to the parking lot and his car. According to witness accounts, he was first accosted by one angry man who was soon joined by a swarm of protesters -- one of whom grabbed Fagan's shirt sleeve. A couple of men with cooler heads interceded, and a deputy escorted the Chairman clear of the crowd. When he reached his car, a small group of protesters were still hurling epithets, and he turned to engage one man in a brief debate before saying, "I can sleep at night." He then entered his car and drove away.

Legislator Harp (pictured at right) -- who had voted in favor of the June resolution but this time voted for it to be rescinded -- also encountered some resistance. Witnesses said he was surrounded by three or four people in the lot, and that one shoved him before he shoved back and then broke clear. One observer, noting Harp's career as an FBI agent, said the protester's shove "wasn't very smart."

Legislator Gifford was accosted by one woman, but intercession by a local minister freed him to go to his car without further incident.

Where last month's meeting had attracted about 250 people, nearly 200 of whom were admitted to an alternate meeting site -- the second-floor courtroom in the County Building -- the meeting this time was held in the small, first-floor legislative chambers, which holds about 40 spectators at the maximum.

In those tight quarters, legislators heard a number of arguments in favor of rescinding the June resolution. Those comments, Lausell said later, prompted his proposal to rescind. After he made a motion along those lines, there was silence for several seconds before Harp seconded the motion. Harp later said he did so because he was impressed by the "excellent points this evening, articulated well," and because he thinks the county's emergency preparedness plan "needs to be vetted. I think we should hold on a little bit longer."

The Crestwood plan calls for the storage of Liquefied Petroleum Gas in salt caverns north of Watkins Glen, on the west side of Seneca Lake.

Halpin, who had opposed the June resolution, spoke in favor of rescinding it, and voted accordingly. But Howell (pictured at right), who opposed the June resolution, voted against rescinding it -- explaining later that he was "tired of the personal attacks from the Gas Free Seneca camp" against Fagan and other legislators."It's time to move forward," he said. "I hope the personal attacks will end, and that this will bring the community back together."

Several in the audience said it was obvious by the outpouring of support at the June meeting and at Monday's rally -- which featured speeches and songs in support of the natural beauty of the region and the perceived dangers of industrialization -- that the legislators were not heeding their constituents. Legislator Gifford said his constituents supported the June move, prompting one wag in the audience to ask which constituents he was referring to, considering he only received a couple of dozen votes in the last election, which he lost to Howell. Gifford remains on the Legislature this year in the final year of a term that predated the ongoing, phased-in redistricting process.

Speakers in support of rescinding included Gas Free Seneca co-founder Joseph Campbell, retired Methodist pastor Gary Judson -- who read part of a five-page list of demands prepared by the Concerned Citizens of Schuyler County (its entirety can be read by clicking here) -- and former Cayuga Medical Center CEO Rob Mackenzie (pictured below), who read a lengthy statement regarding his experiences in developing safety procedures. Those led Cayuga Medical Center to be ranked in 2010 by Consumer Reports, he said, as "the safest hospital -- large or small -- in New York State."

"In the case of LPG storage," he said, "it's no secret that significant safety concerns continue to be raised by many county residents and some outside experts. I am no expert in liquid propane, but I am an expert in the design and management of safety practices. I submit that your duty as legislators, in watching over the life and health of God's creatures in this county, is the same as that of the leaders ... at NASA, at Cayuga Medical Center and at Schuyler Hospital.

"As every one of those organizations -- and now GM -- has learned, it's not a question of balancing safety issues against economics, politics, car sales, or the country's need for fossil fuel or nuclear power. Somehow those other priorities just don't seem to matter after a disaster. Our highest duty is to listen to, support, and validate those who raise safety concerns, even if that costs time or money. Then, if -- God forbid -- a crash or explosion ever does occur and that liability suit is brought, sound safety practice is our best defense, individually and collectively

"I'm not suggesting a Cuomo-style moratorium for years and years. But last month I came here to respectfully request that you approve Mr. Lausell's timely resolution to work on safety before the horse is out of the barn. It's still not too late to do that. Please rescind Mr. Fagan's premature resolution until the ethical and safety concerns which have been legitimately raised can be calmly aired and equitably resolved to everyone's reasonable satisfaction."

He added later -- after Lausell (pictured at right) had mentioned, as an example of unexpected disasters, the Ithaca tragedy involving a tractor trailer carrying a load of cars that crashed into a restaurant, killing an employee inside -- that "there are failures that will happen" in the storage of LPG, "and of a magnitude potentially significantly greater" than the Ithaca accident.

But the legislative majority didn't seem to agree with his conclusion. After the vote, Hector resident Marie Fitzsimmons asked the legislators: "What would it take to convince you" of the rightness of the protesters' arguments?. She was told by Legislator Barnes: "You're talking to the wrong group. We have no say in the process. You need to go to Albany. The paperwork is on the governor's desk." (It is the contention of Fagan and others that the Department of Environmental Conservation has already given its blessing to the cavern plan, and that Governor Andrew Cuomo is holding an announcement until after the November elections for political purposes. Gas Free Seneca's Campbell has disputed that, saying DEC officials have informed him the process is still ongoing and that no determination has been made.)

Before the session ended, a woman aligned with the protesters invited Fagan and other legislators to meet with and speak to the group waiting outside. "They're a kind and friendly group," she said.

******

Other notes:

-- After the Legislature session and the heckling and shoving that followed, a speaker addressing the remaining protesters said that Barnes, running for re-election this fall, is unopposed, and that someone should enter the race against him. Several people in the crowd shouted out that he does have an opponent: former Legislature Chair Angeline Franzese (pictured at right) -- who was on hand and managed to turn the event into a stump speech. She was met with warmth and encouragement.

--The rally at Seneca Harbor Park featured an adult-led singing group of school children called New York Children Against Fracking. Part of their lyrics:

Don't store your gas in the old salt mine,
Crack our land on the old fault line,
Methane in our water and our local wine
Has such a bitter taste,
God what an awful waste.

Seneca Lake it is clear and clean,
The skies are blue and the hills are green,
Prettiest place that you've ever seen,
And we wanna keep it that way,
That's what the children say.

--Rally speeches included one by biologist, author and veteran protester Sandra Steingraber, who tested the audience by asking: "What would you do for this lake? We're the ones who have to make that decision inside our own hearts." And area resident Kate LaMoreaux (pictured at right) said the June resolution was "a serious mistake in leadership." She called on legislators "to truly represent your people."

--Michael Warren Thomas, a Rochester radio personality, told the rally audience -- and later the Legislature -- that Seneca Lake is attracting world-class winemakers like Paul Hobbs, who is developing a vineyard in the Burdett area, thus enhancing the region's reputation. "There are 60 million people within a day's drive of here," he said, adding: "Investors are coming ... but not if we industrialize Watkins Glen. It will take just one accident" related to the LPG storage to curb the growing momentum in the winery and tourism industry.

--Emcee at the rally was Margie Rodgers, one of the Seneca 12 arrested in a protest outside the Crestwood facility off Rt. 14 north of Watkins Glen in March of 2013.

Photos in text:

From top: Legislature Chair Dennis Fagan (white beard) engages a protester in debate before leaving; Legislators Van Harp and Jim Howell; retired Cayuga Medical Center CEO Rob Mackenzie; Legislator Michael Lausell addresses crowd after the meeting; Legislature candidate Angeline Franzese; and rally speaker Kate LaMoreaux.

Rally speaker, biologist and author Sandra Steingraber.

Paula Fitzsimmons prepares a sign at the rally.

Left: One of many signs at the rally. Right: Legislator Phil Barnes.

Members of the Hazlitt family at the rally. Tina Hazlitt, at the microphone, said the Legislature had "overlooked the fact that our economy is based on tourism and agriculture," and that the LPG storage plan risks "hundreds if not thousands of jobs" and "everything (the Hazlitts) have worked for since 1852. Save our lake."

Schuyler among the counties in line
for emergency preparedness grants

Special to The Odessa File

ELMIRA, July 10 -- State Senator Tom O’Mara says that each of the counties he represents as part of New York’s 58th Senate District are included in a package of $185 million in state and federal homeland security and emergency preparedness grants announced Wednesday at the Capitol.

The grants are targeted to support critical infrastructure projects, as well as to enhance county-level emergency preparedness and response functions.

“These timely and important homeland security and emergency preparedness grants will make a great difference to counties and local first responders across the Southern Tier and Finger Lakes regions,” said O’Mara. “Emergency preparedness, response and recovery are fundamental government responsibilities.”

According to state officials, the funding is being made available by the federal Department of Homeland Security (DHS) through the State Homeland Security Program (SHSP), the Urban Areas Security Initiative (UASI) grant, and the Emergency Management Performance Grant (EMPG). The state Division of Homeland Security and Emergency Services (DHSES) administers the programs working closely with local agencies.

O’Mara highlighted the following:

-- as part of a $9 million total allocation for the Public Safety Answering Point Grant Program (PSAP), which covers improvements and enhancements to merge 911-styled public safety answering systems, and funds the implementation of new technologies that facilitate data sharing, greater operating efficiencies and regional consolidation, the following area counties will be awarded the following grant funding: Chemung ($487,869), Tompkins ($500,000), and Yates ($473,600);

-- as part of a $2 million total allocation for the PSAP Sustainment Grant Program to provide reimbursement to counties for operating expenses, Yates County will receive $81,667;

-- as part of a $2 million total allocation for the Hazardous Materials Grant Program, which fosters a regional approach to building and sustaining Hazardous Materials (HazMat) response capabilities by helping meet the costs of equipment maintenance, the acquisition of advanced equipment and technology and cutting-edge training programs, Schuyler County (the lead agency in a regional partnership covering Chemung, Schuyler, Steuben and Tioga counties) will receive $106,000. Seneca County (the lead agency in a regional partnership that includes Yates County) will receive $110,000; and

-- as part of a $7.6 million total allocation for the Emergency Management Performance Grant program, which supports local emergency management planning, staffing, training activities and equipment purchases, the following area counties will be awarded the following grant funding: Chemung ($38,523), Schuyler ($11,922), Steuben ($42,358), Tompkins ($43,329), and Yates ($14,566).

Village Board stand expected soon on LPG storage plan

WATKINS GLEN, July 8 -- The Watkins Glen Village Board Monday night heard from a vineyard project manager and a Schuyler County legislator opposed to Crestwood's LPG storage plan north of the village -- presentations that might serve as a prelude to a board stand on the issue.

Mayor Mark Swinnerton said he expects a board vote for or against the proposal -- a project that would use salt caverns for storage of Liquefied Petroleum Gas -- in the near future, and possibly at the next board meeting, set for July 21. The timing of the vote, he said, will depend on full board attendance. One member, Kevin Smith, was absent while on vacation Monday, but Swinnerton said he expects Smith back for the next session.

One of the speakers Monday was David Hobbs, project manager of a developing vineyard along Route 414 in the Burdett area owned by his brother Paul Hobbs and Johannes Selbach. It is on a 68-acre section of land, 45 of which are being devoted to use as a vineyard expected to produce its first wine next year. The other speaker was Legislator Michael Lausell, outspoken in recent months regarding the safety of the village in the event of a rail accident involving LPG transport.

Lausell recapped the recent move by the Legislature in backing the storage plan in a 5-3 vote, and his concern that there is not a sufficient emergency plan in place should disaster strike with an explosion or if railcars might tumble into the gorge should the rail trestle there fail. In case of a disaster, he said, "the village would be most directly affected ... although it would be bad for everyone in the county."

The plan, first proposed by Inergy, a firm later merged into the Crestwood operation, has been under consideration by the State Department of Environmental Conservation for an extended period of time. Speculation -- voiced by both Crestwood and project opponents -- has the decision being announced by Governor Andrew Cuomo in the fall, after elections. Opposition has been voiced locally by Gas Free Seneca and varous business leaders. The Village Board has been visited by several opponents in recent months.

Hobbs, who said he convinced his brother -- who has vast vineyard holdings in California and Argentina -- to come here and start the vineyard, called this period "the tipping point in the Finger Lakes." It is a time, he said, to send a message that approval of the storage plan will undercut further development of the wine industry "and the culinary arts, and be detrimental to Watkins Glen and Schuyler County."

His and Lausell's remarks were warmly received by the Village Board, with trustee Paul Clifford questioning the benefit of the project, which would provide just 10 new jobs, but doubting suggestions that the U.S. Salt plant would shut down without it. "I have a hard time seeing that happening," he said, since the plant "has been sold four times in the past 20 years" and continues to operate.

Trustee Tony Fraboni said the board has delayed a vote until now in order to gather input from residents. "The more information we can take in," he said, "the better decision we can make when the time comes" to vote.

Swinnerton added that the "first priority is the village residents and what's best for them," and trustee Scott Gibson said that "the majority of residents I've talked to are concerned or don't want" the storage project. Only "a handful are gung-ho" for it, he said.

Swinnerton said afterward that the board has to question "if it's something we want, whether safe or not."

Hobbs, he added, had "talked about the development of the wine industry" and how it is a key part of the tourism industry.

"We're looking at it from the perspective of the village," the mayor said, "and that means promoting tourism." The village is committed to that course, he added, with plans under way to replace the existing wastewater treatment plant along the southern shoreline with one elsewhere -- preferably along the canal -- and an intent to see the waterfront developed.

In other business, the Board:

--Heard from Streets Superintendent Don Perry and Police Chief Tom Struble that the 20 mph signs thought possibly lost in the fire last year at the Shared Services Building on South Decatur Street have been located in a storage container utilized for equipment salvaged from the building following the blaze. The signs -- designed to advertise the new speed limit on village streets under village control (not state roads like 14 and 414) -- are undamaged, Mayor Swinnerton said, and will be installed in strategic locations within the next couple of weeks.

Photo in text: David Hobbs, left, and Schuyler County Legislator Michael Lausell after leaving Monday's board session.

Cuomo at Watkins racetrack; urges 'Ultimate Road Trip'

Roadside signs highlight tourist destinations

Special to The Odessa File

WATKINS GLEN, June 29 -- Governor Andrew M. Cuomo Saturday traveled to Watkins Glen to officially kick off the summer tourism season in New York State, and invite residents and visitors to take a road trip to experience the Empire State's spectacular attractions.

The Governor (right) unveiled a new television advertisement featuring New Yorker Robert DeNiro, which encourages New Yorkers and visitors to hit the road and take the “Ultimate Road Trip" in New York State.

Experiencing New York State via road trips, say state officials, is easier than ever before with an increased number of highway and roadway signs across New York that point travelers to the State’s I Love New York, Path Through History, and Taste NY attractions and experiences. In addition, the Governor announced the launch of a new social media campaign that features New Yorkers and visitors explaining in short video messages why they love New York.

Governor Cuomo made the announcement at the Watkins Glen International racetrack during the Sahlen's Six Hours of The Glen and Continental Tire 150 weekend. The Watkins Glen raceway is featured in the "Ultimate Road Trip" advertisement.

"Tourism is a major driver of jobs and economic activity in communities all across New York State, from the Adirondacks, Niagara Falls, and the beaches of Long Island, to the exciting turns of Watkins Glen International raceway," Cuomo said. "Our investment in tourism is paying off with a record-setting number of visitors coming to the Empire State, and this year we are doubling down on our efforts to promote and market all that New York has to offer. The 'I Love NY' summer tourism campaign encourages visitors to take a road trip, an experience that promises to be more enjoyable and easier than ever with the help of new signage, mobile applications and social media to guide the way."

There are now approximately 4,000 signs across New York State’s highways and roadways identifying the State’s historic and cultural attractions, world class entertainment and dining venues.

The Watkins Glen International competition is one of the many upcoming summer events all across New York State where I Love NY and Taste NY will have a presence to bring attention to summer tourism activities, attractions and locations. Other signature New York State summer events include the BassMasters Elite fishing tournament in the Finger Lakes, Saratoga Race Course Opening Day, Syracuse Nationals Car Show, 50th Annual Antique Boat Show & Auction in the Thousand Islands, Baseball Hall of Fame Induction Weekend in Cooperstown and Great NYS State Fair in Syracuse.

Photo in text: Governor Andrew Cuomo (File photo)

Board is asked to oppose gas storage plan

WATKINS GLEN, June 24 -- The Watkins Glen Village Board Monday night listened to a plea from a resident asking that it take a stand against the planned storage of LPG gas in Crestwood salt caverns north of the community.

Laura Mantius, who with husband Peter lives on West Second Street, pointed to the recent passage by the Schuyler County Legislature of a resolution in support of the storage and said she was appealing to the trustees "to pass a resolution not approving it."

She said the local fire department is not prepared to handle the "massive explosions" that the storage could create should the gas seep out and ignite, as she said it did in a Hutchinson, Kansas accident that "forced the evacuation of thousands."

She said Crestwood "executives and stockholders don't live in this town," and "only care about their profits. I'm appealing to you to protect us."

That prompted a discussion in which Mayor Mark Swinnerton reiterated his opposition to the cavern storage plan while trustee Scott Gibson said he is "on the fence." Trustee Paul Clifford (right), an employee of Cargill, said he might have to abstain, being part of the salt industry, if the matter comes to a vote. Trustees Tony Fraboni and Kevin Smith did not weigh in on the discussion.

In the meantime, Gibson will be meeting with Mrs. Mantius on Thursday to discuss the issue further.

In other business, the Board:

--Approved fireworks at Clute Park on July 4th hosted by the Watkins Glen Area Chamber of Commerce and the Chemung Canal Trust Company provided the fire department signs off on the application form by 5 p.m. Thursday.

--Heard from Code Enforcement Officer Greg Larnard, who reported that Dunkin' Donuts' wooden fence fronting its expanded parking lot will be enhanced with landscaping, and that the dumpster on the property will be surrounded by a faux-brick enclosure replacing the current chain-link one. He said he is also talking to the New York State Department of Transportation about installation of an entrance off Franklin Street at the northern end of the parking lot.

--Heard from Utilities Superintendent Mark Specchio that the Arc of Schuyler wants to move one of its Franklin Street transit stops to Decatur Street, and said County Administrator Tim O'Hearn had suggested using the circular drive in front of the Middle School as that stop, providing permission is granted by the owners who will be turning the building into senior housing.

--Heard from Trustee Kevin Smith, who wondered if DOT might install a 10-second left-turn signal on Franklin Street at 4th Street in order to increase the flow of traffic through the intersection. Specchio said he would check it out.

Photos in text: Laura Mantius at the Village Board meeting; and trustee Paul Clifford.

Alderson found guilty in 2nd trespass case

WATKINS GLEN, June 19 -- Crestwood gas-storage protester Jeremy Alderson had two dates in court Wednesday.

In the first, he appeared in Reading Town Court before Justice Raymond Berry. The appearance involved Alderson's arrest and conviction on a trespass charge stemming from a Sept. 6, 2012 protest at the Inergy (now Crestwood) gate along Route 14 north of Watkins Glen.

Sentencing was deemed a possibility Wednesday, but Berry adjourned the matter to Aug. 20 while awaiting a decision on whether an appeal of Alderson's case will be cleared for a hearing at a state appeals court.

The second date was in Dix Town Court before Justice Alan Gregory two hours later. It involved an Alderson arrest on June 28, 2013 on another trespass charge at the same Inergy gate.

Wednesday night's result: Alderson was found guilty by Gregory following a nearly two-hour trial that featured testimony by a Crestwood manager and Alderson along with two Schuyler County Sheriff's deputies. Gregory set a return date of July 9 "to see where we are" regarding the appeals process in the first trespass case. It was not clear whether the Dix sentencing might occur at that time.

The standard sentence is a fine. If not paid, the defendant can be sentenced to jail time. Alderson has indicated he will go to jail if it comes to that -- that he won't pay the fine.

In announcing the verdict, Justice Gregory said first that he has "spent a lot of time in recent weeks on this case," researching it and studying case law involving trespass. "It is the opinion of the court that the defendant is guilty," he concluded.

Alderson, outside the courtroom afterward in the Town of Dix office parking lot, called the decision "a miscarriage of justice" because, he said, nobody in either trial had definitively shown that the property upon which he was arrested belonged to Inergy (or later Crestwood).

That was part of his argument when he took the stand after the prosecution had called two deputies, including arresting officer Andrew Yessman, along with Crestwood official Barry Moon. Moon, on the stand for nearly a half-hour, is the manager of a Crestwood subsidiary Finger Lakes LPG storage facility in Savona, and in charge of the storage facility planned by Crestwood north of Watkins Glen.

He described how he had given a deposition on March 8, 2013, following the arrest of the "Seneca Lake 12" group of protesters at the Route 14 site. The deposition encouraged deputies to arrest anyone protesting at the site in the future.

That led to an argument by Alderson's attorney, Gerald Kinchy of Sayre, Pa., that the owner of the property had never told the protesters they couldn't be there, and that as a result the penal code requirements for a trespass conviction had not been met.

That argument -- and the defense contention that the protest action was justified on the grounds of "imminent danger" to the community through the possible explosion of gas Crestwood plans to store in vacant salt caverns -- failed to sway the judge. The "justification defense" -- the point of appeal in the first trespass case -- was rejected by Gregory in a pretrial ruling.

The prosecution was handled by Chief Assistant District Attorney Matthew Hayden, who argued successfully against most defense contentions and objections as he presented his case. The only signficant latitude that Gregory granted the defense was in the testimony of Alderson, who presented a lengthy monologue that touched on the "justification defense" as he explained his reason for protesting.

Both Alderson cases have dragged on for months. Sentencing in Reading Town Court has been delayed pending first one appeal (to County Court) and then another, while the case before Gregory was first in Reading Town Court, then Cayuta Town Court, then Tyrone Town Court, and finally Dix.

Photos in text: Jeremy Alderson (top) and Atty. Gerald Kinchy after their Town of Reading appearance, and the sign at the building where the trial was held.

Schuyler County Sheriff's Deputy T.W. Day talks to some of the 250 people who gathered
at the county building.

Legislature OKs resolution
in support of LPG storage

200 pack courtroom, witness 5-3 vote

WATKINS GLEN, June 10 -- The Schuyler County Legislature Monday night -- at an emotionally charged meeting with 200 people crammed into the county courtroom and another 60 waiting outside -- approved by a 5-3 vote a resolution supporting the plan by the Crestwood energy firm to store Liquid Petroleum Gas in salt caverns along the western shore of Seneca Lake.

The resolution also urges Governor Andrew Cuomo to allow the Department of Environmental Conservation to permit the project to proceed.

Whether the move -- which drew both opposition and support from members of the audience -- has any influence on the state is debatable. Said Gas Free Seneca co-founder Joseph Campbell: "No, it won't, though I imagine they hope it will." Voting against the measure were Legislators Michael Lausell, Jim Howell and Barb Halpin. Legislator Van Harp, after moving to table the resolution -- an effort turned back in a 4-4 tie -- voted in favor of it.

The crowd started gathering outside the County Building long before the scheduled 6:30 meeting start, and was told that signs -- and there were a few -- would not be permitted inside the building. However, t-shirts were permitted, and represented both sides of the issue. Crestwood employees and supporters were wearing white t-shirts with the Crestwood name and symbol on them, while some of those opposed to the storage plan were wearing dark blue "Protect Hector" shirts.

Deputy T.W. Day was circulating through the crowd, warning its members to maintain order. As many as possible would be admitted to the building, they were assured. "I have my opinion" on the gas storage issue, Day told those people lined up near the entrance, "but it doesn't come into play tonight. I'm neutral. Just don't push my buttons, or I will push back. I have the legal authority."

The crowd did maintain order, and a good many more than the capacity of the courtroom were admitted. A total of 193 of the estimated 250 on hand got in, and watched the proceedings elbow to elbow in the ornate second-floor meeting site -- moved from the usual Legislative Chambers, which holds considerably fewer spectators. With the eight legislators, county attorney and clerks, the total of people in the room topped 200.

The meeting opened with a half-hour of Public Participation, and it all dealt with the storage plan -- whereby Crestwood Midstream Partners LP, previously Inergy and trying for five years to get permission for the project, would develop an LPG storage hub for the Northeast.

Gas Free Seneca's Campbell was the first to speak, saying the plan "is littered with flaws," so many that "if this was not such a serious issue, it would be laughable." He said he had been in touch with DEC Regional Permit Administrator David Bimber and been assured that no decision had been reached on the Crestwood project, contrary to what Legislature Chair Dennis Fagan has said.

(Fagan, in response later in the meeting, said he stood by his DEC sources; that a decision was made in favor of the project, and "is waiting for a green light" from the Cuomo administration. Bimber's comments, he noted, constitute "a response to be expected.")

Campbell also said that unofficial assertions that the project would enhance the sales tax totals for the county were inaccurate; that other similar facilities have not generated any, and this one won't either. "There are real risks" with the project "with little benefit to the local economy," he said.

Lou Damiani of Hector followed, saying the wine industry has worked hard to build the Finger Lakes into a significant tourist destination, and that an increase of industry could not co-exist with it in the long term. "Please do not ruin" what has been built, he said. "You can't have it both ways. Sooner or later one or the other" -- tourism or industry -- "will break."

William Olean, owner of O-Neh-Da and Eagle Crest Vineyards on Hemlock Lake in the western Finger Lakes, said the wineries in the region employ thousands of workers, while Crestwood is suggesting 10 jobs will be created with its project. "Tourists come to escape traffic and smog," he said. "The Finger Lakes brand hangs in the balance" with the night's vote. "You will honor or betray the trust" of the voters, he told the legislators.

Barry Moon, a local Crestwood official, said that reports of a proposed storage cavern being structurally unsafe are untrue -- a misunderstanding resulting from "sonar issues" while examining the cavern. Byron Thompson, a longtime U.S. Salt employee and longtime Watkins Glen firefighter, said he has "never seen or had concerns with gas storage. I believe in this project."

The meeting went on in that fashion, with more Crestwood representatives favoring the project, and several residents opposed to the project lamenting the possibility of disaster should there be a rail spill of LPG or an explosion related to its storage. Said one woman: "I want to live here, not get blown up maybe." She suggested that Crestwood "pay in advance with a nice big escrow account" to be drawn upon in case of disaster.

Added a physician, pointing to increased pollution resulting from increased industry: "I shake my head with disbelief that you would vote to risk the welfare of each and every one of us. Do not turn my life's work into finding clean water and clean air for my patients." The Legislature's job, she said, was "to do no harm."

An emotional exchange came between outspoken protester Jeremy Alderson and Emergency Management Office official Brian Gardner. Alderson said loudly, his voice quavering, that there is "no emergency preparedness whatsoever" in Schuyler County -- "no training and no equipment" to battle a disaster at the storage facility. He said the Legislature, "with this vote," could be incurring a liability that leads to "great lawsuits" in the future.

Gardner responded loudly and pointedly that "I disagree with everything you just said. Are there plans for that facility? No." But there are plans for the types of emergency situations that could occur, he said, just as there are plans for house fires in general. "We can't train at every house," he noted. He explained that First Responders have trained "on propane trucks. We've had flam-gas workshops, trained on transport vehicles, done scenarios. These First Responders are trained. To say they're not ready to handle something like that is totally wrong."

When it came time for the vote, most of the legislators weighed in with various arguments -- Phil Barnes saying he was speaking for the Silent Majority he represents, Halpin saying she was opposed to the resolution because "I don't have the ability to make a determination as to its appropriateness," and Howell saying he understood the arguments of both camps.

Lausell made a long speech in opposition, saying he is most concerned with the trestle that crosses the gorge and what might happen if a propane-laden rail car were to derail there, with its load carried downhill to the door of the county building itself. And he said he was concerned with the sharp turn at the north end of town that could result in a truck turnover and spill. He noted that he was also bothered by the speed with which the resolution was being handled. It was not his intention to criticize Emergency Management personnel, he added, because the responsibility for preparedness "probably lies with the Legislature."

He also raised the issue of Crestwood allegedly threatening to close the U.S. Salt plant if the storage project is not approved. "That's bullying," he said. "It creates pressure on the Legislature. I don't appreciate it. I don't think it's right, and I don't think the Legislature should put up with it." That drew sustained applause from the anti-storage faction in the audience.

Harp said he had reviewed the emergency preparedness and said it was "very adequate," with personnel "well trained to respond to an emergency." But he also said he thought the Legislature should table the resolution pending an expected annex to the Emergency Response Plan. He issued the motion soon thereafter, but it was defeated with a 4-4 tie, with Harp, Howell, Halpin and Lausell voting in favor, and Barnes, Stewart Field, Tom Gifford and Fagan against.

Fagan then held the floor at length, touching on such subjects as truck traffic (which he said would not noticeably increase, since any product shipped east would go by pipeline), the quality of the plan (which he said has been strengthened with a change in the brine pond from a single liner to a double), his alleged conflict of interest (which he denied, saying he sold his engineering firm that dealt with pipeline design and has had "absolutely no involvement in management since then"), and Crestwood's "bullying." The company, he said, is the largest taxpayer in the county, employing 130 people. If it were to close, he said without denying the threat, there "would be significant economic difficulties" in Schuyler. Besides, he noted, he had received communications from Gas Free Seneca supporters who promised "they would never shop again in Schuyler County" if the project were approved. "And that's a form of bullying," he said.

When the vote was taken, Howell, Halpin and Lausell voted no, and Gifford, Barnes, Field, Fagan and Harp voted yes. Some in the crowd chanted "Shame! Shame! Shame!"

The Harp vote surprised many in the audience, a couple of whom asked him to explain how he could seek to table the resolution and then vote in favor. He said the matter was really geopolitical in nature; that we should strive for self-sufficiency in our energy rather than "spend all our hard-earned money" turning to the Middle East for supplies from people "who have vowed to annihilate us."

Before the meeting ended, another vote -- on a resolution offered by Lausell opposing the storage plan -- predictably went down to defeat, 6-2. Only Lausell and Howell voted in favor.

Outside afterward, the remnants of the crowd milled about, cheering Lausell as he came out of the building, and ignoring others. Fagan and Barnes exited together, and barely drew a look.

Campbell was standing nearby, talking to members of the media.

"U.S. Salt won't close," he was assuring one reporter, telling him its business is good and not likely to be abandoned. As for the significance of the evening's vote, he said, "it was a largely symbolic gesture" lost in the opposition expressed thus far by Seneca County, Yates County, the towns of Waterloo and Geneva, and the City of Geneva.

"We're creating a map" showing that opposition by governmental units around Seneca Lake, he said. When the map is "filled in, it will show how isolated Schuyler County is."

Of course, if the DEC has already determined the acceptability of the planned LPG storage, as Fagan asserts, then neither opposition nor support will really matter.

If that's so, then Monday's meeting, as full as it was of emotion, was merely an exercise -- one in futility for plan opponents.

But there was satisfaction expressed in one quarter: at Crestwood, which issued a press release about the Legislature's backing.

"I am grateful to the members of the Schuyler County Legislature for passing this resolution," it quoted Crestwood chairman, president and CEO Robert G. Phillips as saying. "As a company, we are dedicated to the safety of our employees and the communities where our employees live and work, and the Finger Lakes facility is no exception. This shovel-ready project will create jobs, support the local tax base, advance U.S. energy independence, and help make energy more affordable for consumers across New York, the Northeast and beyond.

"This resolution demonstrates that our critical energy infrastructure project does have local support, despite what our project critics might want Albany to believe," he added, noting that he hopes the Cuomo administration and the DEC act "before yet another winter heating season passes."

Photos in text:

From top: Gas Free Seneca's Joseph Campbell; Legislature Chair Dennis Fagan; Crestwood's Barry Moon; storage opponent Jeremy Alderson; Emergency Management's Brian Gardner; Legislator Van Harp; U.S. Salt's Byron Thompson; and Legislator Michael Lausell receiving a hug after the meeting.

Palmesano greets Bacalles in Albany

Special to
The Odessa File

ALBANY, June 8 -- Assemblyman Phil Palmesano met with his predecessor, Jim Bacalles, during a recent visit by Bacalles to Albany.

“It was a great privilege for me to welcome former Assemblyman Jim Bacalles back to the Assembly,” said Palmesano.

Palmesano noted that he and Bacalles have maintained an excellent relationship over the years.

“Not only was Jim my predecessor, but he is also my mentor and friend," Palmesano said. "I had the honor of working for Jim from 1995 to 2004, and during that time I gained a wealth of knowledge from him. Jim was a dedicated servant to the people of the Southern Tier and Finger Lakes Region, and I want to personally thank him for his years of service to our area.”

Photo in text: Former Assemblyman Jim Bacalles, left, with Assemblyman Phil Palmesano. (Photo provided)

Mayor Mark Swinnerton makes a point at Monday's meeting.

Noise law, skate park proposal draw fire at board meeting

WATKINS GLEN, June 3 -- The new noise ordinance and the proposed move of the skateboard park drew comment and criticism at Monday night's meeting of the Watkins Glen Village Board.

Wildflower Cafe and microbrewery owner Doug Thayer (pictured below) said the Local Law regarding noise -- specifically band music -- late at night is affecting his business, which he said has contributed significantly to the economic development of downtown Watkins Glen.

He said that by adhering to the ordinance-specified 11 p.m. cutoff of music, he was in fact losing business -- and that the board should take note that his business in 2013 had a $610,000 payroll and paid $45,285 in water and electric bills, $32,000 in local property taxes, $33,000 to local firms for repairs and maintenance, $200,000 to local food and wine vendors, and $160,000 in sales tax.

Trustee Scott Gibson acknowleged Thayer's role in helping the community grow, but said the board "represents the entire community" and tried with the noise ordinance to arrive "at a happy medium" in balancing the needs of business with the wishes of residents who don't want to hear loud music late at night.

Mayor Mark Swinnerton interjected that it "is not the intent" of the ordinance -- known as Local Law No. 1 of 2014 -- to have music stop at 11 p.m., but rather to have the noise level dialed down so as not to be offensive to residents who can hear it, specifially those on the side hill not far from the business district. Gibson added that he hoped Thayer "reconsiders" his decisoin to cut off music at 11 p.m.

Discussion continued at length, with other residents weighing in in support of Thayer, and with the board stressing its support of local businesses and its hope that the noise law will "evolve" with give-and-take discussion to the point where all parties are satisifed with its parameters and application.

The Skateboard Park:

The board heard from Patricia Hastings (right) on behalf of the skateboard park located along the western end of Lakeside Park. With the village seeking proposals for the development of more than two acres of land there -- including where the skateboarding takes place -- there has been discussion about moving the skateboarders to a tennis court behind the Community Center across Fourth Street.

Hastings, a former county legislator, told the board that skaters are safer where they are now than if the facility were moved because the current park is within sight of Fourth Street, and anyone passing by can see if a skateboarding accident has resulted in injury -- and can seek help. No such line of sight protection exists with the alternate site, she said. She also said a hidden area like the tennis court is "a good place for a pervert to hang around," or for skaters to smoke.

She also questioned whether skaters will use the alternate site, or if their parents will permit it. If not, she said, there might be a return to the days when skateboarders used village streets. "Please reconsider where you are going with this," she said.

Mayor Swinnerton told her that the board is merely seeking development proposals, and that it might decide to do nothing -- in which case the skateboard park would continue where it is.

In other business:

--The board approved a two-year recycling contract with its current contractor, Arrowhead Disposal, at a cost of $2,100 per month. Similar bids were received from the Casella and Cardinal firms.

--Another season of Concerts in the Park at Lafayette Park were approved. A letter from chairperson Julie Sissel said an effort is being made to provide "a little more variety to appeal to a wider group of people and attract more tourists to the concerts and to the area." The concerts will run from 7-9 p.m. Tuesdays from July 1 to August 19.

Photos in text: Doug Thayer and Patricia Hastings at Monday's board session.

Barnes, Blowers are seeking seats on County Legislature

WATKINS GLEN, June 1 -- Two candidates entered the race Saturday for seats on the Schuyler County Legislature -- one an incumbent and one a well-known newcomer.

Incumbent Legislator Phil Barnes and local community leader Carl Blowers Saturday jointly announced their candidacy for seats on the recently redistricted Legislature.

Barnes, who is completing his first term on the Legislature, is seeking the seat in the new District 6. He said he and Blowers are running as a team because of "the similarities we share."

“Carl and I share a fiscally conservative philosophy and a true desire to better our community,” said Barnes. “We are both excited about the future opportunities that present themselves and feel that we can contribute to future success."

Blowers, in outlining his reason for running, said: “Choosing to live in Schuyler County 22 years ago was one of the best decisions my wife Suzanne and I have made. Since that time I have sought to be active in leadership roles within the community and am proud of the progress this county has made in the last decade. Serving as a Legislator would be both an honor and a challenge to continue the good work that is currently being done here.”

Barnes has served four years as a Legislator and currently chairs the Public Safety and Criminal Justice Committee of the Legislature. In a press release, he said he has been "instrumental in providing increased efforts and resources to combat welfare fraud" and that he "is actively involved in the Schuyler-Yates study that has recently begun to explore opportunities between the two counties to lower the cost of government while increasing efficiencies and effectiveness."

Barnes, who retired as Undersheriff of the Schuyler County Sheriff’s Office after 26 years, is currently an Investigator with AMRIC Security Consultants. He is also Chairman of the local Red Cross, a member and Past President of the Watkins Montour Lions Club, and a member of the Community Services Board of Schuyler County.

Blowers is seeking an open seat in the newly formed Legislative District #5. He has long experience in private industry, retiring from Corning Incorporated as Vice President and General Manager of the Advanced Materials and Process Technologies Division in 1997 after a 29-year career. After that he served as Vice Chairman and principal of Jostens Incorporated through 2004. He currently owns and operates Hawk’s View Consulting, a private consulting firm.

Blowers is involved in various community organizations and has a leadership role in several of them. He currently serves as Vice Chair of the Corning Community College Board of Trustees, Chair of the Arnot Art Museum Board of Trustees, and immediate past Chair of the Watkins Area Chamber of Commerce. He is a past member of the Schuyler County Partnership for Economic Development (SCOPED), a charter member of the Project Seneca Steering Committee, and a member of the Schuyler County Industiral Development Agency (SCIDA) board. He is a graduate of Bordentown Military Institute, holds a B.S. degree in Finance from Boston College, and is a graduate of the Dartmouth College Executive Management Program.

Both Barnes and Blowers say that if elected they will fight unfunded mandates, strive to control property taxes, and attempt to preserve natural resources and the area's quality of life. They said they will also promote economic development, shared services and job growth.

Said Blowers: “We will be releasing our campaign platform in the coming weeks and encourage any resident or business owner to contact us directly to share concerns, thoughts and ideas on improving Schuyler County."

The only other announced Legislature candidate thus far is Angeline Franzese, a former Legislature chair who is running in the same district as Barnes, #6, for a lone available seat.

Photos in text: Phil Barnes (top) and Carl Blowers. (File photos)

The land in question. The village is looking for development ideas.

Proposals sought on Lakeside Park Point

WATKINS GLEN, May 22 -- The Watkins Glen Village Board will soon be seeking proposals for the possible development of 2.34 acres of land at Lakeside Park Point on the west end of the park and alongside the entrance to the canal.

Rick Weakland, project director for Project Seneca -- which envisions lakefront development in the coming years -- outlined the Village Board's intent in a visit Wednesday night to the Watkins Glen Planning Board.

He said the Village Board -- through the Schuyler County Partnership for Economic Development (SCOPED) -- will soon issue Requests for Proposals (RFPs) in an attempt to solicit ideas for projects that might be undertaken on the acreage in question, with an eye toward minimal impact on the park while enhancing the park proper and its standing as a tourist and resident attraction.

The 2.34 acres used to be owned by Cargill Salt, which transferred it to the village in 1994 in return for drilling rights in the park. The parcel extends from Rt. 414 north to the lake, running alongside the canal. Part of it contains the skateboard park built several years ago.

Weakland said the project, should one develop, will be managed by SCOPED on behalf of the village and in consultation with it. He said he was addressing the Planning Board because it would be involved in site plan approval if a project is selected and pursued.

He said the process -- using RFPs -- is similar to the one utilized in the Watkins Glen Middle School project. That building, sold by the school district as it consolidates to a single campus, will be turned into apartments for the elderly, with its north end developed into a community-use gym and auditorium.

He said there are no concrete development plans for the Lakeside site yet -- that the village is seeking ideas which should be submitted by the end of June. If a project is selected out of those ideas, it could take two years before the development is completed.

In the end, Weakland told the board, "we could end up with nothing or something."

Mayor Mark Swinnerton, in a conversation after the board meeting, said the land in question is separate from the park in that it is not subject to the laws that govern the use of the park. He said if a project is selected, the board has no intention of selling the land to the developer, rather intending to lease it long-term.

In order for a sale to take place, he said, "it would have to be the deal of a lifetime."

He said he and the board envision as one possibility a "destination restaurant. It's a great location for one."

As for the skateboard park, he said that in the event of a project on the lakeside site, the skateboard equipment would be relocated to the tennis courts next to the Community Center across the road. One half of the little-used tennis courts would remain available for tennis, and the other half would be used for the skate park.

"When it was built," he said of the skate park, "we made sure its equipment was relocatable. It can be moved in a day's time."

Photos in text:

Top: Rick Weakland hands Code Enforcement Officer Greg Larnard a packet outlining the Village Board's plan to solicit ideas for Lakeside Park Point.

Bottom: The Planning Board's Chris Bond.

New system can issue Public Safety Alerts

Emergency Management Office adopts Ping4 Inc.’s Mobile Alert Platform, designed to keep citizens safe

Special to The Odessa File

WATKINS GLEN, May 22 -- Beginning today, the Schuyler County Emergency Management Office (SCEMO) will use Ping4 Inc.’s mobile communications solution, ping4alerts!. Users can download this free app on their Apple or Android smartphones to be instantly notified of public safety concerns.

“Using Ping4 Inc.’s technology, we are now able to notify Schuyler County’s 18,500 residents of immediate dangers and emergencies,” said Bill Kennedy, Schuyler County Emergency Management Director. “We can set an alert to the boundary of a town, road, building, or any other area, making sure people are only getting the information about events that may affect them.”

Ping4alerts! is a free iOS and Android app that uses the location-based technology inherent in today’s smartphones to deliver notifications within a highly-localized area. Using any web-browser, SCEMO can draw a shape on a map as small as a street or broadcast a message to an entire city. Ping4 Inc. delivers media alerts that can include images, custom audio, video and mobile web links. These features, coupled with the platform’s accuracy, are designed to insure public safety information is targeted, instant and relevant.

Ping4alerts! protects user anonymity and does not require users to provide any personally identifiable information such as a phone number, street address, or email address. These mobile notifications are delivered over the Internet through GPS, cellular, and available Wi-Fi networks. Citizens who download ping4alerts! will also receive NOAA’s National Weather Service advisories for severe weather. Other features include the ability to learn the location of nearby level 2 and level 3 sex offenders. Users can also establish watch locations for home, work, school, or a relative’s house to receive alerts for multiple locations.

“The value of our product is its ability to deliver time-sensitive, relevant information to users based solely on location,” said Norm Archer, VP of Marketing. “This technology provides a timely and relevant communication channel to citizens, whether they be residents or visitors, during emergency situations. The Schuyler County Emergency Management Agency is a fine example of forward-thinking and like-minded individuals who care about making their community safer.”

Citizens and visitors can download ping4alerts! by visiting the App Store or Google Play.

From left: Assemblyman Phil Palmesano, Tony Specchio, Senator Tom O'Mara, Annabelle Specchio and Adam Bradascio, one of the 11 Specchio grandsons, in Albany on Tuesday.
(Photo provided)

Tony Specchio inducted into
Senate Veterans' Hall of Fame

O’Mara pays tribute to Korean War vet, longtime civic leader

Special to The Odessa File

ALBANY, May 20—At a late morning ceremony in the Legislative Office Building honoring decorated and distinguished veterans from across New York State, State Senator Tom O’Mara (R-C, Big Flats) and his colleagues Tuesday inducted Anthony J. “Tony” Specchio, Sr., a lifelong Watkins Glen resident and a fixture in civic and veterans affairs, into the New York State Senate Veterans’ Hall of Fame.

Specchio represented O’Mara’s 58th Senate District and was among approximately 60 veterans statewide joining the Hall this year. Inductees are chosen annually by state senators from within their respective legislative districts. Tuesday’s Hall of Fame induction ceremony at the capital was held to coincide with the upcoming Memorial Day observances across the state and nation this weekend.

Specchio was accompanied at Tuesday’s ceremony by his wife, Annabelle, and one of his 11 grandsons, Adam Bradascio.

“It’s a great pleasure and a privilege to have this opportunity to honor the service and sacrifice of New York State veterans like Tony Specchio,” said O’Mara. “Tony’s an outstanding citizen who’s given a lifetime of commitment to our nation, our state and the community of Watkins Glen. I’m proud to salute Tony Specchio by inducting him into the Senate Veterans’ Hall of Fame. It will be an enduring tribute.”

Specchio was nominated for the Veterans’ Hall of Fame by Brian J. O’Donnell, former president of the Watkins Glen School Board.

O’Donnell said, “Tony is a real credit to his family, his church, his community and his country. A gentle man who always puts others first, Tony is a true American patriot and I’m proud to call him my friend!”

A distinguished Korean War veteran, Specchio was drafted into the United States Army in 1953. His training included a stint at Camp Desert Rock in Nevada where he witnessed the detonation of an atomic bomb from a distance of less than 10,000 feet, thereby earning him the rare distinction of being called an “Atomic Veteran.” In 1954 he served in Korea on the combat line at the 38th Parallel as a tank driver/commander with the rank of Corporal (Acting Sergeant).

Following his discharge from the Army in 1954, Specchio returned to Watkins Glen, where he and his wife, Annabelle, raised seven children. He has served in local government and remained an active member of the community – known in particular for his dedication and devotion to veterans affairs.

Over the past six decades, he has especially become known as the driving force behind the annual Veterans’ Day, Memorial Day and Flag Day observances in Watkins Glen, and has remained active in numerous organizations, including BPOE Elks Lodge No. 1546, American Legion Post 555, the Watkins Glen Fire Department, the Watkins Glen Veterans of Foreign Wars (VFW), AMVETS, and Disabled American Veterans (DAV). For over 20 years, he has also been the Veterans Service Representative at the VA Hospital in Bath. He also remains active as a member of St. Mary’s of the Lake Church, where he has served as an usher for nearly 50 years.

Active in local government, Specchio has served as Town of Reading Supervisor, as a member of the Schuyler County Legislature and, since 1978, on the Schuyler County Soil and Water Conservation District Board of Directors, where he’s been the chairman since 1986. In 1995, he retired as Superintendent of Public Works for the village of Watkins Glen.

The Senate established its online Veterans Hall of Fame in 2005. Including this year, approximately 300 veterans have been inducted. It’s designed to honor New York veterans whose service in the United States Armed Forces is accompanied by service to the community and accomplishments as a civilian, and includes veterans representing Senate districts from throughout New York State. It can be viewed through a link on the home page of O’Mara’s Senate website, www.omara.nysenate.gov.

O’Mara’s previous Veterans Hall of Fame inductees have been:

-- in 2011, Philip C. Smith, a highly decorated Korean War combat veteran and well-known figure in Schuyler County government and veterans’ affairs;

-- in 2012, J. Arthur “Archie” Kieffer, a World War II combat veteran and well-known figure in Chemung County government as the Chemung County historian; and

-- in 2013, Painted Post Mayor and World War II combat veteran Roswell L. “Roz” Crozier, Jr.

Photo in text: Tony Specchio at the Seneca Lake pier. (Photo provided)

The Schuyler-Yates County Shared Services Steering Committee met with representatives of CGR Tuesday morning in the Yates County Auditorium. (Photo provided)

Study starts with committee meeting

By Gwen Chamberlain
The Chronicle-Express

PENN YAN, May 16 -- The Schuyler-Yates County Shared Services Steering Committee met with representatives of Center for Government Research Tuesday in the Yates County Auditorium to kick off the study of the two counties that could result in anything from sharing some services to an outright merger.

Scott Sittig, associate director of CGR, told those at the Tuesday morning meeting that feedback from stakeholders in both counties will be key to the study.

“The critical role of this committee is to have open dialogue about what is working in each county,” he said.

He said CGR staff — four were present at this meeting — will look for systems that are working well in each county as the study progresses.

To open the brief discussion, Yates County Administrator Sarah Purdy said there are some immediate needs in Yates County. The county is searching for a risk manager, and the Legislature recently learned that Veteran’s Services Director Earle Gleason plans to retire at the end of 2014. While legislators have begun discussing whether that office needs two full-time employees, no decisions have been made.

Yates County Chairman Timothy Dennis said, “We have small departments. Whatever we combine, we’re still going to be small.”

Sittig confirmed Schuyler County Administrator Tim O’Hearn’s assumption that part of the process will be understanding best practices between counties.

“A baseline report is like turning the light bulb on,” Sittig said.

The 18-member steering committee includes legislators and department heads from each county. CGR was chosen from a field of 11 firms that submitted proposals. The study is being funded in part with a $50,000 grant from New York State. The study should be complete in less than a year.

SOS's Vickio honored for his contributions to the community

Among area group at State Capitol tribute

Special to The Odessa File

ALBANY, May 6 -- New York State Senator Tom O’Mara welcomed senior citizen volunteers from Chemung and Schuyler counties to the State Capitol Tuesday as part of the 2014 Senior Citizens Day Celebration sponsored by the New York State Office for the Aging.

According to the Office for the Aging, Senior Citizens Day is celebrated in New York in conjunction with events across the nation during May to observe National Older Americans Month. Tuesday’s event sought to acknowledge the significant contributions made by older New Yorkers to their communities.

Local county Offices for the Aging submitted nominations. Among the 2014 honorees is Spirit of Schuyler founder and president Tony Vickio of Watkins Glen (pictured at right).

“What a great honor for all of the outstanding and meaningful service these area seniors have provided to so many of their fellow seniors throughout the Southern Tier and Finger Lakes regions. It’s a fitting tribute to the thousands of hours they’ve volunteered which have made such a difference in so many lives,” said O’Mara.

The following seniors were in Albany and honored as part of Tuesday’s celebration:

-- Tony Vickio: A lifelong resident of Watkins Glen and well-known throughout Schuyler County, Vickio has donated his time and talents to many community organizations and activities over the decades including the Boy Scouts of America, animal shelters and local schools. In 2002, he founded “Spirit of Schuyler” (SOS), a non-profit, emergency response organization that assists county residents with basic needs such as fuel oil, utility costs and car repairs. Vickio remains president of SOS and volunteers countless hours to promote, organize and staff the organization.

-- Donna Barto (Chemung County): Barto, of Horseheads, was co-winner of the Chemung County Senior Citizen of the Year Award in 2013. She has been volunteering since the 1970s at a variety of organizations, utilizing her skills as a retired registered nurse. She was the first woman member and a past president of the Big Flats Lions Club. She especially values volunteering and working with
the visually impaired;

-- Dale Bryant (Chemung County): With Barto, Bryant, of Elmira, was co-winner of the Chemung County Senior Citizen of the Year Award in 2013. He is active in many community organizations, including the Popcorn Truck Preservation Society, Friends of Woodlawn Cemetery and the Eldridge Park Preservation Society. He is the current President of the Chemung County Farmer’s Museum and is co-founder of the Finger Lakes Region Vintage Chevrolet Club of America;

-- Joy Perry (Chemung County): Winner of the “Chemung County Mildred Parfitt Award” in 2013, Perry has been a volunteer at the Arnot Ogden Medical Center for over 25 years, serving as President of the Arnot Auxiliary Board. She is active in many community organizations and activities including the Orchestra of the Southern Finger Lakes, the ARTS Council of the Southern Finger Lakes, the Thursday Morning Musicales and the Wednesday Morning Club.

Two senior honorees unable to attend Tuesday’s event in Albany will be recognized by their respective Offices for the Aging. They are Alise Irwin of Branchport and Lauren Snyder of Penn Yan, the latter recently selected as a "Woman of Distinction" from the 58th State Senate District. She will be honored accordingly in Albany on May 13.

Photo in text: From left: State Senator Tom O'Mara, Tony Vickio, Assemblyman Phil Palmesano and Assemblyman Chris Friend in Albany on May 6th. (Photo provided)

Steering Committee taps CGR for study of Yates-Schuyler

WATKINS GLEN, April 28 -- The Schuyler-Yates Steering Committee has selected CGR -- the Center for Governmental Research, Inc. -- to conduct a study of potential shared services in the two counties.

Schuyler County Administrator Tim O'Hearn said the interviews of five companies among 11 that submitted proposals were completed Friday. Two days of interviews were conducted in Schuyler County and one in Yates.

CGR -- a not-for-profit firm out of Rochester -- has "tentatively accepted," O'Hearn said

CGR was the first firm interviewed, and Berkshire Advisors, headquartered in Austin, Texas, was the last. In between came Bond Schoeneck & King of New York, Florida and Kansas; Management Partners of Cincinnati, Ohio and California; and VMC Independent.

"CGR is the chosen and preferred applicant," O'Hearn said, noting that it had recently done a study for the Village of Watkins Glen into a possible consolidation of municipal police services with those of the county. It conducted a study in 2008 of Yates County and Penn Yan court and law enforcement services, looking for possible operational efficiencies.

"It works strictly with governments," O'Hearn said, "and has an understanding of the scope of the project. Its fact-finding process is solid."

The Steering Committee consisted of 18 people -- the two county administrators, department heads and Legislature representatives. The administrators -- O'Hearn and Yates County's Sarah Purdy -- will next prepare resolutions for Legislature committee consideration, with an eye toward a final vote by the Legislatures themselves. The Schuyler Legislature next meets on May 12. Schuyler County, as the lead agency, will execute the contract.

The study is expected to take no more than a year, and CGR "has indicated it will be less than that," said O'Hearn. It will include focus-group meetings, a public meeting, and development of an interactive website.

The CGR proposal was for a flat $50,000, which is the amount of a state grant for the project -- 90 percent funded by the state ($45,000) with a 10 percent share ($2,500 each) by Schuyler and Yates counties. Two of the five firms, O'Hearn said, had proposals that would have cost close to $100,000 apiece.

Officials from both counties are looking for ways to share services to save tax dollars. Options for savings could range from consolidation of some programs or services to a complete merger of the counties.

Photo in text: Schuyler County Administrator Tim O'Hearn

Study leads to reassessments, drop in WG school tax rate

SCHUYLER COUNTY, April 23 -- The overall assessed value of property in Schuyler County is on the rise.

The Real Property Tax Office has adjusted assessment figures in the county, and overall they're going up -- an estimated 3.7 percent. That was embraced by Watkins Glen school officials as "good news," but village and county leaders counseled caution until the root causes of the increase can be analyzed.

The Watkins Glen School Board, in fact, trumpeted the increase as the cause for an abrupt turnaround in its projected tax rate. Instead of a 33-cent increase to $12.51 per $1,000 of assessed valuation, it says now the tax rate under its proposed budget will go down at least 11 cents, from its current $12.18 to $12.07. The budget will come to a public vote on May 20.

Said district Business Manager Gayle Sedlack: "Many will actually see a decrease in their tax bill from the prior year. An increase would be in the instance that the property was reassessed at a higher value."

Added Superintendent Tom Phillips: "This is a huge sigh of relief for governments; it distributes the cost of doing business more equitably. It's good news for the district -- and we had nothing to do with the assessments. To say we were stunned would be an understatement. We're very happy."

A more measured response came from Watkins Glen Mayor Mark Swinnerton, who -- upon learning of the assessment value increase -- said that even without it, the Village Board's preliminary budget work has the village likely headed for a third straight year without a tax hike. He said he needs to look into the assessment situation before commenting on it. "But it should have an effect," he noted.

County Administrator Tim O'Hearn took a cautious tack, too, saying the cause of the value increase will determine how beneficial it is -- that if it is a sign of growth and physical improvement, then it will be more meaningful economically than if it's a matter of "a shift in properties." He added, though, that it is probably caused by a mixture of factors, including "the correction of inequities" and visible signs of growth -- such as in Bruce Nelson's WaterWorks condo project on Salt Point Road in Watkins Glen, or in improvements to Franklin Street properties with the addition of several upscale apartment units.

Without such investments in the growth of a community, he said, simple assessment adjustments to reflect market conditions can lead to "50-50" situations where tax-rate drops are countered by property assessment increases.

In other words, a decrease in the tax rate doesn't always mean a decrease in taxes.

Meanwhile, the view of homeowners whose assessments rise might be a bit jaundiced -- and there are a lot of properties where that is happening.

In the Watkins Glen School District alone, the assessed value increase will be $28 million, up from $729 million this past year. Real Property Tax Office Director Tom Bloodgood said the increase will be for "the final roll this year. Its first impact will be seen in the September school tax bills."

Bloodgood said the assessment hikes were triggered by an annual analysis comparing existing assessment figures to sale prices of properties, with an eye toward adjusting them to maintain a 100% equalization rate. "We try to maintain the market value" in the assessment level, he added.

Hundreds of properties in Hector and Watkins Glen were affected either up or down, he said -- between 1,500 and 1,600 in Hector and more than 900 of Watkins Glen's 1,100 -- 692 in the Town of Dix portion of the village, and 212 in the Town of Reading portion. The Hector properties include many residences with 10 or more acres, along with vacant lands of different types: forest, pasture and so on. Bloodgood said the focus wasn't on lakefront property, although those with larger acreage might have been included, along with a few others.

The increase in assessed value was not confined to the Watkins School District. Assessed value in the Odessa-Montour portion of the county is going from $275.4 million to $280.2 million. Assessed value in the Trumansburg School District portion of the county is going from $90.3 million to $98.4 million. Bloodgood said that increases in the Town of Reading portion of the Watkins Glen School District are "minimal."

While the assessment adjustments don't relate directly to the STAR (School Tax Relief Program) that reduces tax bills for qualifying homeowners, both affect school taxes. Toward that end, Bloodgood was asked if the state's decision that those people with the STAR exemption re-register this year had possibly reduced the number of exemptions. He said that as of January, 13% of those with the Basic Exemption last year had failed to re-register -- and that while some of those 509 households did so before the registration period expired, there were still some that did not. He didn't have final figures, though.

Bloodgood said that those residents whose assessments are being affected by the value analysis -- begun last autumn, he said, and just concluded -- will be notified by mail. Those not notified can assume their assessments aren't changing, he added.

Asked if he expected complaints from affected homeowners, he concluded succinctly:

"Of course."

Seneca Terrace Apartments get go-ahead from Planning Board

WATKINS GLEN, April 17 -- After 15 months and many Watkins Glen Planning Board sessions, the proposed Seneca Terrace Apartments behind the Elks Lodge at the north end of Watkins Glen are a "go."

The Planning Board Wednesday night gave final site-plan approval to the 24-unit apartment complex following a public hearing at which the project drew both support and concern from neighbors.

With the way clear now to build -- following months of numerous revisions requested by the Planning Board, the Watkins Glen Fire Department and the state Department of Transportation -- the group representing the project, led by owner-developer William Frandsen, were looking forward to breaking ground.

"In about 10 days," said Attorney Charles Guttman, a frequent visitor to Planning Board sessions since the Jan 16, 2013 meeting at which Frandsen and engineer Ted Lauve presented the concept -- which at that time called for 28 apartments in sections of 16 and 12.

One of many changes since then had been a reduction to 24 units -- 12 apartments in each of two buildings, one high on the sharply slanted property, and one downhill from there.

Ground movers will start shaping the hillside soon to accommodate the structures -- one of which will be built before the other. Once the land shaping and infrastructure work is done, construction will begin with an eye toward "closing in" the earliest structure before winter. Occupancy, said Frandsen, could be in the fall of 2015 -- assuming separate Certificates of Occupancy can be obtained for the two buildings. Guttman was more optimistic, saying he thought apartments in the first building might have occupants in the summer of 2015.

The Planning Board approval, without dissent, came following a public hearing that saw a couple of Elks Lodge representatives support the project, with one saying they spoke for the hundreds of members of the club. A retired Watkins Glen resident just back from wintering in the south backed it, as well, saying it was exactly the sort of housing the village needed for people like him and his wife.

And former Mayor Bob Lee weighed in with the argument that the project is needed to increase the tax base of the village.

Concerns were expressed by several residents who live near the planned complex -- the concerns focusing on the effects of increased traffic, the effect of the complex on their property values, and on the matter of whether traffic would be excluded, except in emergencies, from the complex's North Jackson Street access. The answer to that was "no" -- but that an effort will be made to discourage use of that roadway through signage, an issue that would have to be taken up by the Village Board. The main access point would therefore be from North Monroe Street.

In the end, after the public hearing had been closed and the final site plan approved, there was a smattering of applause from the audience, and one low "boo."

And Frandsen, Lauve and Guttman adjourned to the hallway outside the meeting room -- perhaps to get their footing after a long, long rollercoaster ride to approval.

In other business:

-- The Planning Board gave final site-plan approval to a proposal by Seneca Physical Therapy on North Franklin Street to add to the front and rear of its building. The approval came after a public hearing at which no opposition was voiced.

-- Code Enforcement Officer Greg Larnard told the Board the Villager Motel is looking at expanding its office space.

-- Larnard told the Board that he was going to meet with Dunkin' Donuts personnel the next day to discuss demolition of the house Dunkin' Donuts has purchased on the north end of its parking lot -- with an eye toward expanding its parking. The meeting, he said, would include demolition contractor T. Shaw, Inc. of Tully. The house, Larnard said, will be razed "pretty soon, but no date has been set. We'll figure that out" at the meeting.

Shared Services Committee
to interview 5 firms for study

By Gwen Chamberlain
The Chronicle-Express

PENN YAN, April 15 -- The Schuyler-Yates Steering Committee plans by the end of April to choose a firm to conduct the shared services study of the two counties.

Committee members from both counties met in the Yates County Office Building April 2 to review the compiled reviews of the 11 proposals received from various companies.

Teams of two committee members were to conduct reference checks on the five top-ranked companies, and interview sessions with the top five were being scheduled for the week of April 21. The committee plans to make a choice on April 25.

The counties have received a $50,000 grant to help pay for the study. Officials from both counties say they are looking for ways to share services to save tax dollars. Options for savings could range from consolidation of some programs or services to a complete merger of the counties.

The firms that were ranked in the top five, based on their proposals, are:

• CGR-Center for Governmental Research Inc., a nonprofit organization based in Rochester. CGR conducted the 2008 study of Yates County and Penn Yan court and law enforcement services, looking for operational efficiencies that might be possible.

• Berkshire Advisors, headquartered in Austin, Texas, with offices in Raymond, N.H. and Mitchellville, Md. Berkshire Advisors has conducted a study in Cayuga County's Sheriff's Office, Health and Human Services Department and Highway Department.

• Bond Schoeneck & King, a firm with multiple offices in New York, Florida and Kansas, mostly known as a legal firm.

• Management Partners, with offices in Cincinnati, Ohio and California. This company’s website says the firm specializes in helping government leaders improve their operations.

• VMC Independent. Information was not available about this firm.

Yates County Administrator Sarah Purdy, who compiled the committee members' scoring and comments on the 11 proposals, said she felt the scoring process provided some consensus, with three firms — CGR, Berkshire and Bond Schoeneck & King — clustered at the top of the rankings.

While all committee members may be present during the open interview meetings, a team of four — Purdy, Schuyler County Administrator Tim O'Hearn and County Legislative Chairmen Tim Dennis (Yates County) and Dennis Fagan (Schuyler County) — will conduct the interviews.

A website with access restricted to the committee members has been established in connection to the Schuyler County website. Notes from committee meetings and other documents are posted on the website so committee members can share information easily.

Purdy and O'Hearn were contacting the five finalists to schedule interviews. Specifics about the time and location for the interviews were being determined by the possible need for internet connectivity if video conferencing is required.

Photo in text: The steering committee of representatives from Yates and Schuyler County met in Penn Yan April 2 to lay the groundwork for choosing a consultant to conduct the shared services study between the two counties.

IDA approves Schamel lease extension at Seneca marina

WATKINS GLEN, April 10 -- The Schuyler County Industrial Development Agency Wednesday approved a 15-year extension on the lease by which Schamel Brothers LLC operates the Seneca Harbor marina.

According to County Administrator Tim O'Hearn, the agreement will substantially increase the revenue realized by the county both before the end of the current lease in 2018 and going forward to the new lease's end point in 2033.

O'Hearn said the county will see its revenue increase between 2014 and 2017 to $244,000, compared to the $17,500 it would have realized had nothing been done. And the revenue from 2018 to 2033 will be between $1.5 million and $1.6 million. "Extrapolated to current terms, the amount would have been $147,000," he added.

The 15-year extension does not include operation of the Village Marina Restaurant. The Schamels will continue to operate it until 2018 under terms of the old lease. The restaurant operation will be put out for bids in 2017, "and will generate a lot more income," said O'Hearn.

The marina operation came under scrutiny recently with the Schamels' request for the extension, something they deemed necessary if they were to spend $150,000 on the renovation of weathered docks in the coming year. The request prompted reaction from Frog Hollow Marina owners Ed and Theresa Woodland, who wanted an opportunity to bid on the Seneca Harbor operation themselves.

The SCIDA vote was 4-0, with one member absent and Chairman Kevin Murphy abstaining because of related business dealings. One seat is vacant.

No formal action is required by the Schuyler County Legislature, O'Hearn said, although it was aware of the lease provisions before the SCIDA vote and was not opposed to it.

A 90-day period is required by the state from the time of the vote to implementation of the new lease, he added. It will take effect after that period expires.

Photo in text: A dock and boat slips at the marina.

Yates, Schuyler open talks

Note: The following was published March 26, 2014 in the Chronicle Express of Penn Yan. We print it here in cooperation with that paper as a service to the readers of Schuyler County.

By Gwen Chamberlain
The Chronicle-Express

WATKINS GLEN, March 26 -- A group of officials from Yates and Schuyler County have begun a process that could spell some major changes in local government. An Ad Hoc steering committee met in Watkins Glen March 19 to discuss how to choose a consultant to study collaboration opportunities between the counties.

“This is a once in 50 years opportunity,” said Yates County Legislative Chairman Tim Dennis.
Schuyler County Administrator Tim O’Hearn agreed, saying the scope of the study will involve work that’s never been done before. He said he has not been able to find evidence of similar work being done between two counties anywhere else in the country.

Yates County Administrator Sarah Purdy says the counties are likely to identify some opportunities for sharing or saving as the study progresses. “There’s no reason to wait for the study to talk about what is or isn’t possible,” she said.

“We need to keep an open mind. There are a lot of opportunities,” added Schuyler County Legislative Chairman Dennis Fagan (pictured at right in file photo).

The group established a system for evaluating the proposals that have been submitted by applicants, and will meet again in Yates County to review the compiled scores and decide which firm will be awarded a contract to study the two municipalities.

The committee discussed its overall responsibilities and the potential for efficiencies that could be uncovered during the process of the study.

The contingent from Yates County included Dennis, Purdy, Legislators Mark Morris, Dan Banach and Jim Smith; Treasurer Winona Flynn, Highway Superintendent David Hartman, Social Services Commissioner Amy Miller and Legislative Clerk Connie Hayes. Legislator Bill Holgate is also a member of the committee, but was unable to attend Wednesday’s meeting.

Schuyler County representatives on the committee are: Fagan, Legislators Tom Gifford, Barb Halpin, Jim Howell, and Phil Barnes as an alternate; O’Hearn; Social Services Commissioner JoAnne Fratarcangelo; District Attorney Joe Fazzary; Community Services Director Shawn Rosno; and Office for the Aging Director Tamre Waite.

Photo in text: Schuyler County Legislature Chairman Dennis Fagan. (File photo)

Area reps rip Cuomo over Monterey

ALBANY, April 1 -- State Senator Tom O’Mara (R,C-Big Flats), Assemblyman Phil Palmesano (R,C,I-Corning) and Assemblyman Chris Friend (R-Big Flats) Monday criticized Governor Andrew Cuomo for refusing to renegotiate his administration’s plan to close the Monterey Shock Incarceration Correctional Facility later this year.

The final 2014-15 state budget agreed upon by Cuomo and legislative leaders, and acted upon by both the Senate and Assembly, does not contain funding to keep Monterey open.

As part of the new budget, the Monterey facility and grounds will be designated as one of New York’s new tax-free zones in an effort to attract redevelopment initiatives, including new businesses and industries.

O’Mara (pictured at right), Palmesano and Friend said in a joint statement: “Together with our local leaders, Monterey employees, and former Monterey inmates and their families, we tried until the very end of this year’s budget negotiations to convince Governor Cuomo to keep Monterey Shock open. We made our case on the merits and on the undeniable facts that Monterey saves state and local taxpayer dollars, effectively reduces recidivism and turns lives around. The Cuomo administration refused to negotiate a better solution for the Southern Tier and Finger Lakes economy, local property taxpayers, local community services, and local workers and their families. It’s the wrong decision.”

The lawmakers said that despite the budget setback, they will continue their efforts to try to find a way to save a shock program at Monterey. They also said that they would continue to closely monitor the efforts of the Cuomo administration to offer transfer and other reemployment opportunities to remaining Monterey staff.

Since last July when the Cuomo administration first announced its plan to shut down Monterey, O’Mara, Palmesano, Friend and other local leaders across the region have joined together with Monterey staff, former inmates and their families and many concerned citizens to urge Cuomo to
reverse the decision.

In private meetings and at public rallies, they’ve highlighted the facility’s critical importance to the regional economy, especially at a time when so many communities have been hard hit by job losses. They’ve stressed the cost effectiveness of Monterey, noting that the shock program has saved the state more than $1 billion through reduced incarceration times and lower recidivism rates among shock graduates. Additionally, numerous community leaders throughout Schuyler, Chemung, Steuben and Yates counties have stressed that Monterey inmate work crews have saved local communities and taxpayers millions of dollars over the years by assisting with local infrastructure, natural disaster cleanup and repair, and other community enhancement projects.

Photo in text: State Senator Tom O'Mara

... but like budget's CHIPS funding level

Special to The Odessa File

ALBANY, April 1 --State Senator Tom O’Mara (R-C, Big Flats) and Assemblyman Phil Palmesano (R-C, Corning) said Monday that area counties will see increases in state Consolidated Highway Improvement Program (CHIPS) funding under the 2014-15 New York State budget hammered out by legislators and the governor.

In early March, O’Mara, Palmesano and a bipartisan group of nearly 100 legislative colleagues joined county and town highway superintendents and other local leaders from throughout the state to call for increased support for local roads and bridges. They noted that local roads and bridges account for 87% of the roads, 52% of the bridges, and 48% of the vehicle mileage logged in New York State.

CHIPS provides the bulk of state aid to counties and towns for the maintenance and improvement of local roads and bridges.

Following a similar bipartisan effort last year, the 2013-14 state budget provided a $75 million increase in CHIPS funding to an overall level of $438.1 million. It represented the first funding increase for the program in five years.

O’Mara and Palmesano said that CHIPS funding in 2014-15 will be continued at last year’s funding level, $438.1 million, but with an additional $40 million distributed through the CHIPS program to local governments to fix surface road damage, including potholes, created by this year’s extreme winter.

“This continued recognition of the importance of CHIPS funding will make a significant difference for localities, local economies and motorist safety statewide,” O’Mara and Palmesano said in a joint statement.

Swinnerton 'confident' about new plant

WATKINS GLEN, March 16 -- Watkins Glen Mayor Mark Swinnerton says he is optimistic that the Project Seneca plan for a new sewage treatment plant will move forward despite significant problems in the village's existing plant and the resulting possibility of a heavy fine.

Swinnerton, who two weeks ago expressed concern about the effect such a fine might have on the village's ability to share in construction of the new plant -- a joint facility built in conjunction with Montour Falls, probably along the canal across from the Watkins Glen High School property -- now says that village officials have met in the interim with the State Department of Environmental Conservation and instituted a correction plan in the current plant that has Yaw's Environmental Lab of Ithaca assuming oversight of the daily operation. The firm had recently been providing reports on the plant's progress as it operated under a state consent order -- the result of previous operational shortcomings.

"I'm very confident" the Project Seneca plan can continue toward fruition, the mayor said, although he wasn't yet sure what the fine -- initiated under pressure from the federal Environmental Protection Agency -- might be. One reason for that confidence: "We acted quickly, and I think found a reasonable answer," although some fixes -- such as corrections in chlorine levels -- can be achieved faster than other ones. The DEC, he added, is "partnering with us to find solutions."

A new treatment plant is considered a spur to lakefront and other development in the county.

Photo in text: Watkins Glen Mayor Mark Swinnerton (File photo)

Increased state support for roads sought

Special to
The Odessa File

ALBANY, March 6 -- With final negotiations over the 2014-15 New York State budget kicking into high gear over the next few weeks, a group of state legislators, led by Senator Tom O’Mara (R-C, Big Flats) and Assemblyman Phil Palmesano (R-C, Corning), Wednesday joined county and town highway superintendents and other local leaders from across New York to call for increased state support for local roads and bridges.

“We’re seeing report after report deliver the message that the condition of local roads and bridges is critical, and getting worse,” O’Mara and Palmesano said in a joint statement. “We need a stronger state commitment to our local transportation infrastructure. Local roads and bridges, in every region of New York State, are community and economic lifelines, but they’re at risk from a severe lack of adequate, dedicated funding. State investment in the improvement and upkeep of local roads and bridges is a wise use of taxpayer dollars. It’s an investment in economic growth, job creation, property tax relief and motorist safety.”

Photo in text: Senator O'Mara (at podium), Assemblyman Palmesano (immediately to the left) and a group of their colleagues joined local highway superintendents on the historic staircase in the State Capitol. (Photo proavided)

O'Mara backs medical marijuana act

Special to The Odessa File

ALBANY, March 5 -- State Senator Tom O’Mara (R,C-Big Flats) said Tuesday that he will work with his Senate colleagues this session to gain legislative approval of the “Compassionate Care
Act” -- landmark legislation that would create the most tightly regulated, highly restrictive medical marijuana system in the nation.

“This legislation allows for safe, limited access to medical marijuana, for people who suffer from serious, debilitating diseases. I will continue to work to improve the bill to make sure we maintain a
balance between access and compassion for patients, and maintaining control to eliminate the potential black market,” O’Mara said. “Comprehensive medical research and the ever-growing testimony from medical professionals, health care experts, patients and families show that the use of medical marijuana can help ease the pain and suffering of the seriously ill. I have carefully considered the facts, and after meeting with patients and their families I have come to the conclusion it’s time for New York to offer a highly restrictive, tightly regulated network to provide patients access to treatment that will improve their quality of life.”

Waite set to return as SRO

WATKINS GLEN, March 4, 2014 -- Retired State Trooper David Waite, who served as School Resource Officer in the Watkins Glen School District in the latter part of his law-enforcement career, was approved by the Watkins Glen Village Board Monday to resume the role.

Waite, who also previously served the Odessa-Montour School District before O-M jettisoned the SRO position, is currently serving in a similar capacity in the Campbell-Savona School District. A transition from that job to the one at Watkins Glen will take an unknown amount of time, according to Watkins Glen Mayor Mark Swinnerton.

"We have timing issues to work out," he said.

The mayor added that the Village Board has been in contact with the Watkins school district, and that it too is in favor of the hire. The board decision came after an executive session Monday night at which "that and other police matters were discussed," Swinnerton said.

Waite's salary will be $30,000, all of it coming from the school district. He will replace the current SRO, Sgt. Steve Decker, who has been serving in the post on a temporary basis.

Meanwhile, the mayor said the board has not yet decided whether to to replace police officer Mike Powers with a full-timer on the municipal force . That position -- recently vacated by Powers, who had also served as SRO -- is currently being "backfilled by part-timers," the mayor said. "We'll see how the budget goes, but I will say there would be more consistency with a full-timer."

Photo in text: David Waite

Glen faces 'significant fine' on treatment plant violations

WATKINS GLEN, March 4 -- The Village of Watkins Glen is about to be fined what Mayor Mark Swinnerton said will likely be "a very significant amount" of money for its latest failure to meet established standards in its Wastewater Treatment Plant.

The situation, he said, could lead to one where the village must invest heavily in the plant and thus bypass Project Seneca's proposed joint Watkins Glen-Montour Falls replacement plant -- being touted as a spur to Seneca Lake shoreline development. The current plant sits along that shoreline.

The mayor told the Village Board Monday night that he had received a message from the State Department of Environmental Conservation specifying three instances of excessive chlorine levels exiting the plant, and that it appears the federal Environmental Protection Agency (EPA) is pressuring the DEC to come down on the village, which has been operating the plant under a consent order -- the result of previous operational shortcomings.

"It looks like we've backed ourselves into a corner," Swinnerton said. "A fine is coming our way, a very significant one, though it has not been finalized. We need a plan of action, which should be part of our executive session tonight" -- a closed meeting following the public board meeting.

"This isn't good," said Swinnerton, noting that it looks as though the EPA has evidently run out of patience with the way the DEC has handled the plant's shortcomings, thus leaving the village in a position where "anything we can do to expedite any retrofits" should be done as soon as possible.

He said village officials would be meeting with DEC and EPA officials after the expected receipt of an official letter specifying the fine.

"Now we've got to start working with the EPA. If we need to spend -- and I'm just throwing it out there -- $100,000 (on the fine), that's money that could be better spent elsewhere. This is very serious, and I'm very concerned about it."

He noted later that if the fine is $100,000, "we can't just pull it from the General Fund and pay it. That has to be borne by the rates. Users would see an immediate increase to pay it."

The amount of the fine "could be far less or far more" than $100,000, he said -- possibly the latter "because of how long this has been going on." The plant has encountered problems for several years.

"If we're forced to put $1 million into the plant," he added, "that puts a damper on our ability to move" the facility -- to replace it with a facility serving both Watkins Glen and Montour Falls. Such a facility is envisioned by some Project Seneca planners as being situated along the canal, across from the high school grounds.

"It's a very unsettling situation," Swinnerton added.

With the fine "imminent," he said, the village will have to adhere closely to whatever the EPA demands. "We can't deviate from that plan. If an (EPA) engineer tells us to do something, we need to do it exactly."

The plant is currently operated by several individuals, with input from engineers and with reports prepared by an environmental firm. When asked if anyone in particular could be blamed for the current situation, the mayor answered: "No comment."

In other business, the board:

-- Heard a plea from officials of Schuyler County Little League Baseball -- President Matt Walters (pictured at right) and Vice President Jesse Schubmehl -- for use of land behind the Community Center at Clute Park for a second baseball field, one in addition to Fazzary Field, which is located across a parking lot. Development of the land, once landscaped for soccer but sitting unused for a few years, would be financed through fund-raising and donations of materials and labor from local businesses. The board gave verbal encouragement, but said Cargill Salt first needed to be consulted because of a couple of brine wells it owns beneath the land there and uses periodically. Said trustee Paul Clifford, a Cargill employee: "They might ask you to slide a little to the east."

-- Heard concerns from a couple of residents who live near the site of the proposed Seneca Terrace Apartments on the hillside behind the Elks Lodge. The residents said increased traffic on Partition Street created by the apartment dwellers would make the intersection with Rte. 14 dangerous, and travel within the immediate vicinity more difficult. They added that the Watkins Glen Planning Board has been doing "a good job" dealing with the project, but that the chance to voice concerns had been limited by Planning Board rules precluding comments until the issue is essentially decided.

After the residents left the meeting, board discussion led Mayor Swinnerton to ask Police Chief Tom Struble to prepare a report by the next board meeting on the desirability of turning a portion of Partition Street, from Rt. 14 up to Monroe Street, into a one-way street.

-- Heard Code Enforcement Officer Greg Larnard confirm that a third Chinese restaurant is being added to the list of village eateries -- in the former Pick-A-Flick building on North Franklin Street. Trustee Scott Gibson (pictured at right) asked if there isn't "something on the books" limiting the number of identically themed restaurants in the village.

"I'm pretty positive that doesn't exist," said Larnard, who was nonetheless asked to research the matter in order to be certain.

Said Gibson: "I'm all for capitalism and letting things sort out, but I'm also for protecting longtime businesses."

-- Heard from Clute Park Manager Michelle Hyde about a proposal from Sara Caldwell of Watkins Glen for a weekly Movies on the Lake program. A letter from Caldwell said she envisions playing a movie (rated G or PG) at Clute Park on an outdoor movie screen on Thursday evenings at 9 p.m. in July and August, "west of the horseshoe pits and north of the playground." It would be a free event, with Caldwell asking local businesses to sponsor the films in return for advertising. The Village Board -- with one member calling it a "neat" idea -- backed the plan and asked Hyde to keep its members informed on how it develops.

-- Set May 10 from 8 a.m.-12 noon as the time period for the village's next Dumpster Day in the parking area between the Community Center and the canal.

Photos in text:

From top at Monday's meeting: Mayor Mark Swinnerton (left) and trustee Kevin Smith; Police Chief Tom Struble; Little League President Matt Walters; trustee Scott Gibson.

3rd Chinese eatery, historical center aired to Planning Board

WATKINS GLEN, Feb. 20, 2014 -- The Watkins Glen Planning Board Wednesday night heard about two projects that are in the early planning stages -- one involving a third Chinese restaurant in the village, and one involving use of the former Clifford Motors property on North Franklin Street as a center devoted to the history of cars, auto racing and the village itself.

Code Enforcement Officer Greg Larnard, in his summary of ongoing projects in the village, told the board that the former Pick-a-Flick property in the Subway plaza on North Franklin Street has been leased from its Bath-area owners by a group of Chinese speaking individuals from out of the area, apparently New York City. He said he has spoken to the group's English-speaking architect, and that plans call for construction of a kitchen within the confines of the existing structure, with an eye primarily toward take-out service. "There will only be a few dining seats," said Larnard.

As for the starting dates for renovations and the business opening, Larnard said those are not yet known. Thus far, he said, "the renters have the lease. That's as far as it's gone." He noted that the project will not require approval by the Planning Board; just the acquisition of a building permit, for which the group has yet to apply. Larnard said of the few facts he has so far, one is that there is no connection between this eatery and either of the village's other such restaurants: the Orient Hibachi Buffet and the House of Hong.

The "Museum"

Tony Vickio, noted sign painter, author and head of the Spirit of Schuyler service organization, was in attendance at the board meeting informally, in advance of a presentation next month regarding a project he and two of his cousins are planning on North Franklin Street. When asked by the board if he had anything to discuss, he decided to outline the project to the board and to a reporter afterward.

Vickio said the former Clifford Motors building and lot, as well as the former Esso station owned by Clifford at the north end of Franklin Street, where the road curves left on its way out of town, are being sold to Vickio's small group, headed by his cousins Louis Vickio Jr. of Texas and Mark Menio of Penn Yan. He said a purchase offer was made on the properties and accepted, and that he hopes the closing occurs early in May.

When asked the purchase price, he shook his head. "I have no idea. I'm the idea guy," he said, noting that his cousins are "the money guys."

Negotiations, Vickio added, are ongoing in an attempt to purchase the two properties between the Clifford lots -- a building currently leased by the Eyes on Seneca optometry practice, and the vacant former Little Joe's Texaco Station. Both are locally owned.

Whether those properties are purchased or not, he said, the project envisioned by him and his cousins will proceed -- with, first and foremost, use of the former Clifford dealership as "a sort of museum, though I hate to call it that," which will among other things pay homage to the Corvette. The idea for that car is believed to have occurred in Watkins Glen. It was the brainchild of General Motors designer extraordinaire Harley Earl, and accounts say he was inspired by his encounter with various European sports cars during a visit to Watkins for a 1951 race. The first Corvette was created in 1953.

"The idea," said Vickio, "is to have a 1953 Corvette on display here, along with the newest Corvette," with the modern display car replaced each year by succeeding models. He said talks are under way with GM regarding such a display.

"But it wouldn't be just about the Corvette," he said of the history center. "We would be honoring all kinds of cars" that have been part of the fabric of Watkins Glen racing lore. "And it wouldn't just be about the cars. There is no place in Watkins Glen that deals with the history of the village -- where you can go to learn about that history." That void would be filled by this project.

He said he has been in touch with the International Motor Racing Research Center regarding it taking part in some fashion in the Franklin Street project. The Research Center is located on the other side of the village, on South Decatur Street. Vickio indicated that the Research Center would not be moving, but "could have a presence" on Franklin Street, directing people to the Decatur Street site.

"We're excited about the project," Vickio told the Planning Board -- about the cars and equally about the village history aspect. He said the "museum" part of the project "will be set up as a 501(c)3" entity "where people can donate (historical) objects or put them on loan. We'll put out a big search" hunting for displayable objects. "It won't just be about autos. There's gonna be a lot of history in there."

He didn't have further details on what might be developed on the rest of the property -- factors contingent in part on how much property is obtained. But he said the hope is that "there will be shops, and eventually a restaurant."

The Planning Board also:

-- Heard an update on the planned Seneca Terrace Apartments planned for land above the Elks Lodge along Rt. 14 north of the village's business district. An apartment spokesman said a property dispute with a neighbor is still not settled, and that a suit has been filed in State Supreme Court in an effort to resolve it. Board chair Chris Bond said the board cannot act on the plan until the dispute is settled.

Photos in text:

Top: The former Clifford Motors property on North Franklin Street in Watkins Glen

Second: The two properties north of the Clifford Motors site. Negotiations are under way by the Vickio group in an attempt to purchase them.

Third: Tony Vickio (File photo)

Bottom: Planning Board chair Chris Bond.

Area reps rip Cuomo's plan
for 'Free College for Prisoners'

Special to The Odessa File

ELMIRA, Feb. 18, 2014 -- State Senator Tom O’Mara (R,C-Big Flats), Assemblyman Chris Friend (R-Big Flats) and Assemblyman Phil Palmesano (R,C,I-Corning) Tuesday rejected Governor Andrew Cuomo’s plan to provide a free college education to state prisoners, and again urged the Cuomo administration to reverse its decision to close the Monterey Shock Incarceration Correctional Facility in Schuyler County later this year.

In a joint statement, O’Mara, Friend and Palmesano said, “We reject Governor Cuomo’s proposal to have state taxpayers pick up the tab for providing inmates with a free college education. Hard-working, law-abiding students and families across the Southern Tier and Finger Lakes regions are
sacrificing and struggling to find a way to pay for college in the face of rising tuition costs and other expenses, and they’re not asking for a state handout to get that education. It’s another bad proposal at the worst possible time for New York State taxpayers. We need to stay focused on cutting taxes, keeping state spending under control and turning around the upstate economy. Now’s no time to add another questionable – and potentially very expensive -- state spending commitment.

"Governor Cuomo already has a proven way to reduce recidivism that, at the same time, saves state and local taxpayer dollars and gives inmates the discipline and the determination to turn their own lives around. It’s called the Monterey Shock Incarceration program, and the governor should keep it open for the benefit of the local economy, local workers, local communities, and the inmates themselves. Monterey’s a better way to turn lives around and reduce state spending.”

Over the weekend, Cuomo unveiled a proposal to provide college-level education at state correctional facilities in 10 regions at a cost of approximately $5,000 per inmate annually. The state currently spends $60,000 a year to house an inmate and approximately $3.6 billion across the state’s correctional system. There are an estimated 54,500 inmates currently confined in state prisons. In announcing his proposal, Cuomo highlighted studies showing “that by earning college degrees, inmates are far less likely to return to prison. New York’s current recidivism rate is 40 percent.”

O’Mara, Friend and Palmesano again pointed to Cuomo’s emphasis on reducing recidivism as a way of cutting incarceration costs as one of the main justifications for keeping Monterey open. In terms of its impact on recidivism, statistics from the state Department of Corrections and Community Supervision (DOCCS) have shown that 26% of shock graduates released from shock facilities returned to prison within three years, compared to 42% for all DOCCS releases. Add reduced incarceration times to lower recidivism rates and the shock program has saved the state more than $1 billion over the past 26 years, the area lawmakers said. They also noted DOCCS statistics showing that shock inmates pass General Educational Development (GED) tests at a rate of 80%.

O’Mara, Friend and Palmesano said, “We already know that Monterey Shock works to dramatically reduce recidivism rates and incarceration times while, at the same time, cutting costs, saving taxpayer dollars and giving inmates something even more important than free college classes, and that’s the desire and the drive to turn their own lives around by furthering their education or acquiring a practical skill or trade that offers a livelihood and an independent, success-driven future.”

Seneca Harbor Marina lease extension talks will resume

WATKINS GLEN, Feb. 12, 2014 -- The Schuyler County Legislature Monday night, in a 5-3 vote, approved the resumption of negotiations between County Administrator Tim O'Hearn and the Schamel family over a possible extension of the family's Seneca Harbor marina lease.

Voting against the resolution were Legislators Van Harp, Mike Lausell and Phil Barnes. According to the Legislature office, the move does not empower O'Hearn -- acting on behalf of the Schuyler County Industrial Development Agency (SCIDA) -- to reach an accord with the Schamels "on anything or to extend anything," but rather to reopen negotiations and report back on any progress.

The Legislature had, the month before, put the negotiations on hold, with Chairman Dennis Fagan explaining that its members wanted "to look at it further." County Attorney Geoff Rossi was instructed to "research some contractual questions," Fagan said at the time. "We've asked for more clarification on some of the issues," in particular "relative to specific terms of the existing lease, and to determine safety issues relative to the existing docks."

Since that time, one county official said, Rossi reported his findings to the legislators and the matter was discussed by the Public Works committee, which decided to bring the issue to the full Legislature Monday. The session was attended by the Schamels and by the owners of the Frog Hollow Marina on the south end of Watkins Glen, Ed and Theresa Woodland, who are interested in operating the Seneca Harbor marina themselves and thus want a chance to bid on the lease.

The Schamels have held the lease (overseen by SCIDA) since 1983 and are looking for a 15-year extension from 2018 to 2033. They are seeking the extension, they have said, to ensure that they earn back the $150,000 they plan to apply to an upgrade of the marina docks. The Woodlands have argued that the lease should be put up for bid as "a point of fairness."

The legislators made clear Monday that they will approve an extension only if there are "significant new revenues" for the county, which owns the property and serves as its guardian. SCIDA is, in the words of O'Hearn, the "governing body that leases and subleases" the property.

The Legislature made clear last month that any extension, should it occur, will not include the Village Marina restaurant, currently operated by the Schamels. That will come up for bid in 2018.

Photo in text: Legislature Chairman Dennis Fagan (File photo)

Judge orders incarceration
for Larry and Kimberly States

WATKINS GLEN, Jan. 31, 2014 -- Schuyler County Judge Dennis Morris sentenced Larry and Kimberly States to incarceration Thursday for stealing money from the Monterey Fire Department over a five-year period while serving as officers of the department.

Morris sentenced Larry States -- a former sergeant in the Schuyler County Sheriff's Office -- to 1 1/3 to 4 years in state prison, and States' wife Kimberly to a year in a county jail, likely Chemung County's. Schuyler County has no such facility for women.

The verdicts came after guilty pleas by the pair last year to grand larceny in connection with the theft of more than $100,000 from the fire department. According to a report from the State Comptroller issued following an audit of the fire department's books, "misappropriated funds and questionable payments/purchases" made by the Stateses -- while the husband was chief and the wife was treasurer -- "comes to approximately $134,000." A total of $26,386 of that amount falls under "questionable," but "appears personal in nature."

The sentences were separated by lunch -- Larry States learning his fate before midday, and Kimberly States after. In both cases, arguments were put forth by Assistant District Attorney John Tunney urging state-prison time because of the heightened visibility of the cases and the need for deterrence should any other leaders in positions of public trust consider theft as an option.

And in both cases the defense attorneys -- James Ferratella for Larry States and assigned counsel Wesley Roe for Kimberly States -- pointed to pre-sentence reports that offered the suggestion that probation might be utilized, either by itself or in tandem with a short local jail term. In both cases restitution was expected, and embraced.

Judge Morris asked both defendants if they had anything to say. Larry States said no, although his attorney pointed out that States had been working (at Zotos International, a hair-care products firm in Geneva) and had paid back some of the money, with the intent to fulfill that obligation. Ferratella suggested community service as a sentence, so that States' life "would become work instead of jail."

But while States himself remained mum, his wife had a prepared statement that she read at her sentencing. Among her comments:

"I know that my actions were wrong and immoral. Not a day goes by that I haven't regretted (them)...I am sincerely, deeply remorseful ... I brought shame on myself, and put shame on my family...I've disgraced my profession (nursing)...Please accept my apology." She added that she "accepts" the consequences.

Added Attorney Roe: The defendant "made bad decisions that snowballed out of control." She is a "good person," he said, "taking responsibility for her actions...She has paid a huge price personally."

In sentencing Larry States, Morris said he couldn't "ignore the monumental proportions of this crime" -- a crime that occurred across years. "The defendant made dozens of bad choices over several years," said the judge, "and only a small amount" of the stolen money "has been recovered."

Beyond that, he said, the defendant was employed by both the Sheriff's Office and Fire Department. "You betrayed the trust" of both departments, he said, "and the citizens of the county."

As a result, the judge added, a sentence of "one and a third to four years is required," along with restitution of $115,000.

Larry States' attorney, Ferratella, asked if the judge might "hold off" on the application of the sentence "so the defendant can get his affairs in order."

Tunney quickly objected, saying the defense had "known for some time" that sentencing was coming and that there was "a possibility that Mr. States would go to prison. His decision not to get his affairs in order in the face of that reality was another bad choice."

Morris denied Ferratella's request, and the defendant was taken into custody and, soon after, led from the courthouse and over to the adjoining Sheriff's Department. He was scheduled to be taken to Elmira for processing and a determination as to which state facility would house him.

Afterward, District Attorney Joe Fazzary -- on hand to witness the sentencing -- said he thought the incarceration would likely include a provision that would keep States separate from the general prison population, given his career in law enforcement.

In sentencing Kimberly States, Morris said he couldn't "ignore the comparisons" in the two cases. And he noted the "six-figure" nature of the crime -- money for which restitution was being ordered, but also money that it would be "wildly optimistic to think will ever come in."

He pointed out the violation of the public trust that the defendant committed, and that the crime was committed "over a period of time. You made numerous bad decisions...when you were not financially destitute."

As a result, he said, "incarceration is required."

Following sentencing, the defendant was taken into custody for transport to the Chemung County Jail.

Photos in text: Larry and Kimberly States are led from the courthouse following sentencing.

Larry States exits the courthouse on his way to the adjoining Sheriff's Office after sentencing.

O'Mara, Palmesano will keep fighting against Camp closure

MONTEREY, Jan. 23, 2014 -- State Senator Tom O'Mara and Assemblyman Phil Palmesano marked the day of the final scheduled graduation from the Monterey Shock Incarceration Correctional Facility with assurances that they will continue the fight to keep the facility open.

The Shock camp is targeted for closing in July as part of a Cuomo Administration budgetary move. The final class of inmates on hand to graduate did so on Wednesday.

O'Mara, in a press release, said the local, grassroots effort to convince the governor to reverse
the decision will continue.

"This may be Monterey’s last graduating class for the immediate future," said the Senator, "but we’re far from shutting down our local, grassroots effort to convince Governor Cuomo that closing Monterey doesn’t make sense. I’m disappointed that the Cuomo administration still shows no sign of
reversing its decision to close Monterey this year. But this year’s budget adoption process is just beginning and I will be continuing to work to get the governor to reconsider the closure. I believe we've made a strong case for keeping the facility open and we’ll keep working to ensure that the
governor hears us. It's too important for the local economy, for regional community services and for the effectiveness of correctional services statewide. We’re not giving up on saving Monterey for the long term.”

O’Mara, area state Assemblymen Phil Palmesano and Chris Friend, Congressman Tom Reed and other local leaders across the region have joined together with Monterey staff, former inmates and their families and many concerned citizens to urge Cuomo to keep Monterey open since his
administration announced its closure plan last July.

They continue to highlight the facility’s critical importance to the regional economy, especially at a time when so many communities have been hard hit by job losses. They’ve stressed the cost effectiveness of Monterey, noting that the shock program has saved the state more than $1 billion through reduced incarceration times and low recidivism rates among shock graduates. Additionally, numerous community leaders throughout Schuyler, Chemung, Steuben and Yates counties have stressed that Monterey inmate work crews have saved local communities and taxpayers millions of dollars over the years by assisting with community infrastructure and other cleanup and enhancement projects.

Added Palmesano in a press release:

“As we start the budget process, we will continue to make the case to the Cuomo administration by sharing the facts and the overwhelming grassroots support in place which justifies keeping Monterey Shock open. I have said over and over again, it makes absolutely no sense to close Monterey Shock, which has a proven and well documented record of success over the past 26 years of not just saving state and local tax dollars, but even more importantly, of changing and saving lives by giving new hope and opportunity to the thousands of graduates who have completed this successful program.”

Palmesano said that he, O'Mara and Friend are working to schedule a direct meeting with the administration in the near future.

Photo in text: Sign at the Monterey Shock Camp.

Schuyler County Judge Dennis Morris, left, administers the Oath of Office to (from left) Legislators Van Harp, Michael Lausell, Barb Halpin and Jim Howell. The four were elected in November -- Harp, Lausell and Howell to first terms.

Seneca Harbor Marina lease negotiations are put on hold

New legislators sworn in; Fagan retains chairmanship

WATKINS GLEN, Jan. 8, 2014 -- The Schuyler County Legislature Wednesday put Seneca Harbor Marina lease negotiations on hold, and welcomed three new Legislature members to four-year terms.

Joining the Legislature -- sworn in jointly by Schuyler County Judge Dennis Morris -- were Jim Howell, Michael Lausell and Van Harp, all elected to first terms in the November general election. Also taking the oath was incumbent Barb Halpin, who defeated longtime legislator Glenn Larison in the September Primary and in November as redistricting pitted the two against one another in the new District 1.

In addition, Dennis Fagan was unanimously re-elected Wednesday by his fellow legislators to the position of Chairman. He was first elected to the post in 2011.

The meeting -- a combination of the lawmaking body's annual organizational meeting and its monthly Legislative Resolution Review Committee session -- featured arguments from two families interested in the marina lease: the Schamels, who have held the lease (overseen by the Schuyler County Industrial Development Agency) since 1983 and are looking for a 15-year extension from 2018 to 2033; and the Woodlands, spouses Ed and Theresa, who operate Frog Hollow Marina on the south end of Watkins Glen and want a chance to bid on the harbor marina lease.

The Schamels, noting that they have put extensive funds into the development of the marina area, said they need the extension to ensure that they earn back the money they plan to apply to an upgrade of the marina docks. The Woodlands said the Schamels' performance is not in question, but rather (as Theresa Woodland put it) "a point of fairness" is. By opening the marina operation to a bidding process when the lease expires in 2018, she said, the county and SCIDA would be "giving the most revenue to the county that it can possibly get. It doesn't mean the Schamels wouldn't get it; but other people are willing to invest in the marina" and want at least an opportunity to bid.

County Administrator Tim O'Hearn (right) outlined the situation, saying the Legislature had given its blessing to negotiations by saying it wasn't opposed to a lease extension, and that SCIDA had designated him as negotiator. He explained that SCIDA is the "governing body that leases and subleases" the county-owned property, but that the money paid "flows through the county" government in its role "as guardian of the property."

He said that SCIDA and the Legislature understand how the Schamels, before investing $150,000 in needed dock repairs, want some assurance of monetary recovery -- the assurance being the lease extension. However, he said, the extension would not include the Village Marina Restaurant, also operated by the Schamels through a lease agreement. That will come up for bid in 2018, said O'Hearn.

The Legislature broke for an executive session shortly after the discussion, and the matter was not revisited until after the Resolution Review Committee meeting had concluded -- when a reporter asked O'Hearn and Fagan if any action was expected on the lease extension in the near future. Their response: the issue had been "put on hold," in Fagan's words, during the executive session "because of some of the issues raised" by the Woodlands and by Nick Kelly, an associate in the Frog Hollow operation.

"We decided to look at it further," said Fagan, with County Attorney Geoff Rossi instructed to "research some contractual questions. We've asked for more clarification on some of the issues," in particular "relative to specific terms of the existing lease, and to determine safety issues relative to the existing docks."

Other matters:

--Fagan said that among key issues facing the Legislature in the year ahead are an improvement in the performance of the Treasurer's Office; alternatives to rapidly increasing costs related to homelessness; "enhancing the revenue potential of the Mental Health department"; and continued support for Project Seneca, which envisions a new wastewater treatment plant along the canal, removal of the old one on the southern shore of Seneca Lake, and subsequent lakefront development.

Another goal: development of the long-languishing Business Park on Rt. 414. There is "one potential client we're working with," said Fagan -- a situation "we're hopeful will bear fruit."

--The continued absence of Legislator Mike Yuhasz, absent for many months and currently residing in the Bath VA Medical Center, boils down to the Legislature "simply waiting for Mike's determination on when and if he will return," said Fagan. Yuhasz is entering the final year of a three-year term as legislator.

Fagan said the absence of Yuhasz is not impacting committee assignments, since the eight-person Legislature has an extra member this year -- Tom Gifford in the final year of a three-year term -- due to redistricting. However, the Chairman added, "we're clearly concerned about Mike's continued absence."

Yuhasz, he added, has recently encountered "new health issues -- not major," but significant enough that they "might prevent him coming back in the foreseeable future."

New legislators Harp and Lausell were given committee assignments that would have been held by Yuhasz, with the understanding that -- said Fagan -- "if and when Mike returns, we can reverse" the assignments.

Photos in text:

From top: Legislature Chairman Dennis Fagan, County Administrator Tim O'Hearn, Seneca Harbor Marina lease-holder Guy Schamel and Frog Hollow Marina's Ed Woodland at Wednesday's meeting.

The Watkins Glen waterfront before the Schamels acquired the lease to operate the marina in the 1980s. This photo was distributed at the Legislature meeting by Guy Schamel.

Jones leaving SCOPED post

WATKINS GLEN, Dec. 10, 2013 -- Kelsey Jones, who has guided the Schuyler County Partnership for Economic Development (SCOPED) for 14 years as Executive Director, has submitted his resignation, effective at the end of the month.

Word of Jones' resignation had been circulating over the weekend. When asked after Monday's monthly meeting of the Schuyler County Legislature about Jones' status with SCOPED, County Administrator Tim O'Hearn said simply that Jones had "tendered his resignation" effective at the end of December and would be "pursuing other options.".

But Legislature Chair Dennis Fagan, standing nearby, expanded on that, saying Jones "has done a good job" in the move to upgrade Franklin Street in Watkins Glen and increase the quality and number of apartments along that thoroughfare. "He's had a lot of successes. Franklin Street has made tremendous strides."

But, he added, the 16-member SCOPED Board of Directors feels "a stronger figure" is needed to run the agency now that movement is under way toward development of the southern shoreline of Seneca Lake as envisioned in Project Seneca.

"We needed to go in a different direction," said Fagan. "While Kelsey is good with details, we needed a larger picture type of person."

The departure of Jones, he added, "is not really a negative thing. We felt the time was right."

For his part, Jones implied in an email to The Odessa File that personal matters affected his decision, and said "there are excellent people in place to carry the 'ship' forward ... I feel gratified to know that much was accomplished" during his 14-year tenure. (For a full version of his statement, click here.)

Jones was the second executive director of SCOPED, succeeding Susan Payne, who served for about two years. SCOPED, formed in 1998, was preceded by Five Lakes Development. Among those who led Five Lakes was Rick Weakland, who subsequently was a Corning Enterprises and Corning Incorporated executive and now is project director of Project Seneca.

Fagan said a search would likely be mounted for a successor to Jones after the return of SCOPED Board President Michael Printup, president of Watkins Glen International, who has been out of town.

Weakland, he said, has been doing "a great job" overseeing Project Seneca, which envisions a new wastewater treatment plant likely shared by Watkins Glen and Montour Falls, and probably located on the eastern side of the canal across from the Watkins Glen High School playing fields.

That would lead to the sale and elimination of the current treatment plant, located next to the Village Marina on the southern shore of Seneca Lake.

After that is gone, lakeshore development can begin in earnest, proponents of the plan say.

"We're pleased with (Weakland's) efforts," said Fagan (pictured at right). "And we're pleased with private individuals who are stepping up." He didn't elaborate on that point.

"And getting the two villages to cooperate and collaborate -- that's a major accomplishment," he added.

SCOPED, its website says, assists "in identifying the financial and professional resources needed for business creation and expansion" in the area, and partners with individuals and businesses "to deliver innovative and comprehensive economic development packages."

In other words, it helps line up grants, tax credits and other incentives for various projects, helping bring them to fruition. One recent example was the creation of apartments on the second floor of the Jerlando's building at the corner of Franklin and Fourth Streets.

Members of the SCOPED Board include Printup, Fagan, Legislator Stewart Field, Montour Falls Mayor John King, Kevin Murphy (secretary), Burdett Mayor Dale Walter, Hector Town Supervisor Ben Dickens, Town of Catharine Supervisor John Van Soest, Cornell Cooperative Extension's Danielle Hautaniemi, Jeff Confer (vice president), Jeff Greuber (treasurer), Donald Chutas of Cargill Salt, Michael Donnelly of Corning Inc., Chuck Franzese of Hunt Engineers, David Whiting of Red Newt Wine Cellars, and Watkins Glen Area Chamber of Commerce President Rebekah LaMoreaux.

Photos in text: Kelsey Jones, top, and Legislature Chair Dennis Fagan.

Schumer visits Glen brewery, backs 50% cut in excise tax

Special to The Odessa File

WATKINS GLEN, Dec. 2, 2013 -- U.S. Senator Charles Schumer visited Rooster Fish Brewing in Watkins Glen Monday morning while pushing for a bill he and 20 bipartisan colleagues are introducing that would cut the federal excise tax on small breweries in half.

Such a move, he said, would help small brewers reinvest in their businesses, hire new employees, and revitalize downtown communities.

Brewers curently pay a $7 per barrel excise tax for the first 60,000 barrels they brew per year. Under the Small BREW (Brewer Reinvestment and Expanding Workforce) Act of 2013, that rate would be cut to $3.50 per barrel, resulting in potential savings of $210,000 per year per brewery.

The bill would also cut the tax by $2 per barrel on the next 1,940,000 barrels produced, resulting in potential savings of another $3,880,000.

Rooster Fish Brewing, located on Franklin Street in Watkins Glen, is one of New York State's first "Farm Breweries," which means it uses 20% local products in its blends. Rooster Fish produced 700 barrels of beer last year, and is on pace for 1,500 barrels in 2013.

Based on the Small BREW Act, that anticipated level of production would mean an excise tax savings of $5,250 per year.

"Small breweries throughout Upstate New York, like Rooster Fish Brewing, not only brew great beer," said Schumer, "they also pour jobs into the community. By cutting taxes for these small businesses, we can help grow the economy and put more New Yorkers back to work in stable, good-paying jobs. Breweries are the crown jewels of so many of our communities, and many of them have renovated charming old buildings in downtowns across the state. Putting more money back in these businesses will be good for economic development, good for jobs, and good for Upstate New York."

Any brewery making fewer than 6 million barrels of beer per year would be eligible for the tax cut. That amounts to about 2,400 businesses. The bill would save them more than $17 million nationwide this year.

Schumer was joined during his visit by Rooster Fish Brewing owner Doug Thayer, Watkins Glen Mayor Mark Swinnerton, Watkins Glen Area Chamber of Commerce President/CEO Rebekah LaMoreaux, and Schuyler County Legislature Chair Dennis Fagan.

Photo in text: Rooster Fish Brewing owner Doug Thayer, left, with Senator Charles Schumer during Schumer's visit to Watkins Glen. (Photo provided)

Schuyler man gets life sentence
in sexual exploitation case

Special to The Odessa File

ROCHESTER, Nov. 25, 2013 -- A Schuyler County man, Daryl Vonneida of the Town of Dix, was sentenced in federal court in Rochester to life in prison Monday following conviction by a jury in February on 14 counts related to the sexual exploitation of children across decades.

The charges included production of child pornography, transporting minors in interstate commerce for illegal sexual activity, and possession of child pornography.

The sentence was handed down by U.S. District Court Judge Charles J. Siragusa, who told the defendant: "I think it's unfathomable, 40 years of preying on children."

Assistant U.S. Attorney Marisa J. Miller, who handled the case, said the 63-year-old Vonneida (pictured at right) was sentenced to life in prison on each of the counts of production of child pornography and transportation. Judge Siragusa also sentenced the defendant to 20 years on each of the possession of child pornography counts, all to be served concurrently.

Vonneida had been found guilty in sexual abuse cases three times before, most recently in 1989.

“This case sends a clear message that if you victimize a child, you could spend the rest of your life behind bars,” said U.S. Attorney William J. Hochul. “It also reminds all of us that child predators can include persons who work in positions of trust, and that we must continue to be vigilant with respect to those who interact with our children.”

Vonneida was charged after two minor children came forward with allegations of abuse by the defendant. Authorities said that members of the New York State Police and Federal Bureau of Investigation executed a search warrant at the defendant's residence in September 2011 and recovered videos produced by Vonneida in which he coerced four children to engage in sexually explicit conduct. The defendant, they said, admitted to producing the videos and to taking the children to Hershey Park, PA and Splash Lagoon in Erie, PA.

Evidence presented by the Government at trial showed that the defendant used his position as a volunteer photographer at a church in Horseheads to gain the trust of parents and victims.

The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig, and members of the New York State Police, under the direction of Major Mark Koss.

Photo in text: Darryl Vonneida (Photo provided)

*****

For information about protecting children from exploitation and abduction, the U.S. Attorney's Office suggested the public visit the following websites:

NY Sex Offender Registry:
http://www.criminaljustice.ny.gov/nsor/

DOJ National Sex Offender Public Website:
http://www.nsopw.gov/

What you can do to protect your child (NCJRS):

https://www.ncjrs.gov/html/ojjdp/psc_english_02/intro.html

Office of Juvenile Justice and Delinquency Prevention, Department of Justice
OJJDP Publications/Child Protection:

http://ojjdp.ncjrs.org/pubs/missing.html

National Center for Missing and Exploited Children (NCMEC):
http://www.missingkids.com

NCMEC’s website to teach children about dangers on the Internet:
http://www.netsmartz.org

The Federal Bureau of Investigation's Crime Against Children Program webpage:
http://www.fbi.gov/hq/cid/cac/crimesmain.htm

Planning Board green-lights
parking lot, housing project

WATKINS GLEN, Nov. 21, 2013 -- The Watkins Glen Planning Board Wednesday night gave final site-plan approval to two projects -- clearing the way for the Dunkin' Donuts parking lot expansion and the development of apartments in the Watkins Glen Middle School.

The Dunkin' Donuts parking lot plan, debated before the Planning Board at a public hearing last month, was granted approval without any further fireworks in a 3-1 vote, member Tom Merrill opposed.

One stipulation had to do with alterations to the lot's lighting. Neighbors and board members had expressed concern about bright lighting "spillage" being an annoyance.

The lot will be extended to the north with the demolition of a house there that has been under ownership of Dunkin' Donuts for months.

The hearing last month had brought both criticism and support for the project. Opponents said expansion was unnecessary and the demolition contrary to the village's Comprehensive Plan.

Watkins Glen Apartments

The Planning Board also gave final approval to the plan by the Binghamton-area S.E.P.P. Group (Serving the Elderly through Project Planning) to transform the Middle School into 51 apartments for the elderly. The group has transformed old schools into similar housing projects in the past, and is awaiting a state grant to help finance this one.

The Middle School is being phased out of use by the Watkisn Glen School District, which will consolidate into a single campus on 12th Street, where renovations and expansion are ongoing.

Project approval came immediately after a public hearing at which Dan Whelan of Bearsch Compeau Knudson, Architects & Engineers of Binghamton, explained to the dozen people in attendance the planned layout of the facility, known as the Watkins Glen Apartments.

The complex will be for people 55 and over. It will be separated from the building's gymnasium and auditorium, which will be used for community events. Few exterior changes are planned, other than the addition of a wheelchair accessible entrance in the front of the building, new windows throughout, and some masonry restoration.

Additional parking will be added in the property's northeast corner, and the asphalt playground at the rear of the property will be eliminated, with a grassy area installed for use by the building residents.

Streetscape Project

The Planning Board also gave informal backing to a project that requires Village Board approval -- a streetscape project that is part of the 2011 Main Street Program grant.

This $15,000 project, paid for by the grant but with the proviso that the village maintain it for five years -- a measure that Mayor Mark Swinnerton, in the audience, assured the Planning Board that the village is willing to do -- calls for the installation of a couple of six-foot benches, plus planters and awning, on the sidewalk along the south side of the Chamber of Commerce office on Third Street. Vines will adorn the wall.

The grant funds are time sensitive, so approval is expected at the next Village Board meeting, with development of the project to follow soon thereafter.

Among those on hand to outline the project were Brian Williams of the Schuyler County Partnership for Economic Development (SCOPED) and architect John Barradas of Ithaca.

Photos in text:

Top: Dan Whelan outlines the Watkins Glen Apartments project, set for the Middle School.

Bottom: A model of the Chamber of Commerce building and the planned streetscape project.

From left: Michael Lausell, Van Harp, Jim Howell and Barbara Halpin.

Halpin, Howell, Harp, Lausell win County Legislature seats

Change in Treasurer's post rejected

SCHUYLER COUNTY, Nov. 6, 2013 -- Barbara Halpin, Jim Howell, Van Harp and Michael Lausell were elected Tuesday to four-year terms on the Schuyler County Legislature.

Meanwhile, voters rejected a Proposition to change the elected County Treasurer position to an appointive County Director of Finance.

The proposition, hotly debated by opponents, was defeated 2,841-1,364.

And in the Town of Dix, incumbent Republican Supervisor Harold Russell defeated challenger Scott Yaw, a member of the Town Council, 401-273. Russell had also defeated Yaw in the Republican Primary in September. Yaw was running Tuesday on the Listening Party line.

Halpin, a Republican incumbent, polled 317 votes to defeat Democrat challenger Michael Burns (210 votes) and incumbent Glenn Larison (41), who was running on the Listening Party line after losing decisively to Halpin in the GOP Primary.

Halpin and Larison were pitted against one another due to redistricting -- the realignment of legislative voting districts based on shifts in population.

Howell, a Republican newcomer also running as a Conservative and on an independent line, defeated Democrat challenger Paul Cartwright, 322-170, in District 4. Howell had defeated incumbent Tom Gifford in the GOP primary. Gifford was accordingly not in November's race, but returns to the Legislature for one more year from his previously constituted district. He will be a ninth member of a normally eight-person lawmaking body, which will return to eight members the following year as redistricting continues on a staggered basis.

In the new District 2 in the Town of Hector, Harp -- a retired FBI agent running on the Republican, Conservative and Individual Rights lines -- defeated Democrat Shirley Barton, 423 to 313. Barton was also running on the Community Counts line.

And in District 3, also in the Town of Hector, Lausell -- a Democrat also running on the Community Counts line -- defeated John R. White, 396-367. White was running on the same lines as Harp.

Meanwhile, in other contested races:

Town of Hector: Three Republican-Conservatives were elected to full four-year terms, while another Republican-Conservative was defeated in the race for a two-year seat of an unexpired term.

Elected to four-year terms were Beverly Morley (894 votes) and incumbents Michael J. Bergen (right, with 878) and Alvin J. White (left, with 881). Trailing were challengers Daryl Anderson (770), Debra Reid (769) and Melissa Chipman (759). Anderson, Reid and Chipman are Democrats who were also running on the Protect Hector line.

Bo Lipari, also a Democrat running on the Protect Hector line, defeated Conservative S. David Poyer 761-727 for the two-year seat.

Town of Tyrone: A three-person race for two Council seats saw Republicans elected. Top vote-getter was incumbent Pamela Grimmke with 265 votes, while Christopher Bacon was second with 260. Alan Hurley was defeated with 101 votes.

Town of Orange: A race for Highway Superintendent saw Democrat Jeffrey Sutton defeat incumbent Republican Darold DeCamp, 225-90.

Town of Dix: The supervisor's race wasn't the only contested race. In the election for Town Clerk, incumbent Republican James McMahon defeated Jacqueline Leszyk, 387-245. Leszyk was running on the Listening Party line.

And in a three-way race for two seats on the Dix Town Council, Republican F. Joe Hammond and incumbent Republican Graig W. Gardner were elected with 453 and 372 votes, respectively. Narrowly missing was Democrat Jeffrey J. Meehan, with 370.

Town of Cayuta: A three-way race for two seats on the Town Council saw incumbent Democrat Ted Dudgeon (80 votes) and incumbent Republican Steven Brown (51) returned to office. Democrat William P. Barrett lost his bid for a seat with 43 votes. And in the race for Highway Superintendent, incumbent Republican Thomas J. Beach defeated Democrat Larry D. Vail 112-62.

State Senator Tom O'Mara speaks at the podium as Assemblymen Chris Friend, left,
and Phil Palmesano listen.

Rally sends ongoing message: Save Monterey Shock Camp

BIG FLATS, Oct. 27, 2013 -- An estimated 200 people -- state correctional officers, state and local officials, and supporters -- were on hand Saturday at the Harris Hill National Soaring Museum for a rally opposed to Governor Andrew Cuomo's planned closing of the Monterey Shock Incarceration Correctional Facility.

Speakers told of the economic impact that the shutdown will pose to municipalities and parks and to the Soaring Museum -- where Monterey inmates play a key role in the facility's upkeep. Inmates, through their work around the region, save municipalities an estimated $1 million a year.

This was the second rally in support of Monterey. The first one, attended by about 200 people, occurred several weeks ago at the Watkins Glen Community Center.

Among those invited to the rally by organizers was a former Monterey inmate, Stephen Ray, who spoke in support of the Shock facility. He graduated from it in 1999.

The program at the Shock Camp, which offers GED studies, counseling, and a low rate of recidivism, "is important to me," Ray said, "and it's important to the community. We need a model program like this one."

Ray is partner in a Utica business called Out of Order Fitness Repair, which provides engineering and tech support for fitness equipment at universities and hospitals.

State Senator Tom O'Mara opened the session with a brief talk extolling the virtues of the Monterey facility, including the savings it provides communities through the work of inmate crews.

The Soaring Museum director of marketing and development, Ron Ogden, supported O'Mara's words by noting that the museum is dependent on Monterey workers to provide the tourist attraction with a continually clean, visitor friendly appearance.

"I'm happy to see the turnout here," he said, noting that the Monterey inmates "are great workers, and respectful. They provide us with a service that we really can't provide for ourselves. They are a most important asset to us."

Officials on hand included Assemblymen Phil Palmesano and Chris Friend.

Palmesano noted that organizers are nearing the point where they will deliver to the governor's office a collection of petitions, letters, and municipal resolutions opposed to the Monterey closure.

Friend said that considering all of the positives inherent in the Monterey program, the governor's action "just doesn't make any sense."

Supporters have also noted that Monterey’s closing comes on the heels of another Cuomo administration plan, to shut down inpatient services at and diminish the overall role of the Elmira Psychiatric Center – a move that could result in job losses and other economic consequences.

Other officials on hand Saturday included Elmira Mayor Sue Skidmore, Chemung County Sheriff Christopher Moss, Schuyler County Legislature Chair Dennis Fagan, Schuyler County Administrator Tim O'Hearn, Joe Sempolinski representing Congessman Tom Reed's office, Chemung County Executive Tom Santulli, Schuyler County Legislator Phil Barnes, former Corning Mayor Frank Coccho, and others.

Photos in text:

From top: Rally speaker and former Monterey inmate Stephen Ray, now a Utica business co-owner; Joe Sempolinski, representing Congressman Tom Reed's office; and Chemung County Executive Tom Santulli.

From left at rally: Elmira Mayor Sue Skidmore, Chemung County Sheriff Christopher Moss, and Ron Ogden, director of marketing and development at the Soaring Museum, which hosted the rally.

Legislature appoints new county planner

WATKINS GLEN, Oct. 22, 2013 -- The Schuyler County Legislature Monday night unanimously approved the appointment of a homegrown woman as the new County Planning Director.

Kristin VanHorn, a Watkins Glen High School and Penn State University graduate who has a degree in Landscape Architecture and has been designing comprehensive master plans for Department of Defense installations around the country, "clearly led an outstanding field of candidates," County Administrator Tim O'Hearn said at the Legislature session.

Projects for which the county has been paying money to consultants are "exactly what she does," O'Hearn said. "She has led a team designing DOD communities. Her focus will be on Comprehensive Planning."

She has "worked in the field for five years since graduation," O'Hearn noted, adding: "She very much wants to come home. It's nice when we can attract young professionals back home." Her salary will be $51,000.

She succeeds Rocky Kambo, who moved from the area less than a year after taking the County Planner's job. O'Hearn said VanHorn has "more hands-on experience" than Kambo had when he assumed the Planner's post.

In other business, the Legislature:

--Heard from O'Hearn that the reconstruction of the Shared Services Building, damaged earlier this year in an early-morning fire, is on schedule or a little ahead, and that the county has received .$2,544,000 from the insurance carrier.

--Affirmed, through Chairman Dennis Fagan, that the increase in the tax levy in the coming budget will be "somewhere slightly over 2%, well within the allotted tax cap." A public hearing on the budget was set for Nov. 12 at 6:30 p.m. in the Human Services Complex in Montour Falls. The budget might be adopted at a regular Legislature session that follows the hearing.

--Appointed Dr. Benjamin Saks, D.O., to fill the County Coroner position vacated with the resignation of William J. Saks, M.D., "until such time as a primary can be held to fill the unexpired term."

--Approved the introduction of a Local Law amending the salaries of various county officials, with a public hearing to be held on Nov. 12 following the budget hearing. The salaries, which include 3% increases, will take effect Jan. 1. They include: Commissioner of Social Services $77,250; Real Property Tax Director $81,129; County Attorney $100,940; Clerk of the Legislature $49,890; Deputy Commissioners of Elections $34,750 and $31,827; Personnel Officer $65,920; County Administrator $111,448; Public Defender $84,048; and Commissioners of Elections $12,603.

--Voted unanimously against endorsing the state's Proposition No. 1 on the November ballot, which would extend casino gambling in New York. The move was "a protest vote," Fagan said, in response to the state's plan to close the Monterey Shock Incarceration Correctional Facility. Fagan said he was also protesting the state's gun-control SAFE Act, and a lack of language in the Proposition concerning gambling's negative impacts.

Photos in text:

Top: Legislator Phil Barnes listens to Alan Hurley speak during the Public Participation portion of the meeting.

Bottom: County Administrator Tim O'Hearn at Monday's session.

Dan Whelan of Bearsch Compeau Knudson, Architects & Engineers of Binghamton, outlined some minor changes in the Middle School plan affecting parking, signage and lighting.

Elderly project a step closer

Planning Board gives preliminary OK;
Dunkin' Donuts plan assailed and supported

WATKINS GLEN, Oct. 17, 2013 -- The Watkins Glen Planning Board gave preliminary site-plan approval Wednesday night to the planned Watkins Glen Apartments -- the elderly housing project envisioned in the Watkins Glen Middle School.

The school is being phased out by the Watkins Glen School District and sold to the Binghamton-area S.E.P.P. Group (Serving the Elderly through Project Planning), which has transformed old schools into similar housing projects in the past, and is awaiting a state grant to help finance this one. For an earlier story with maps, click here.

The Planning Board -- after listening to Dan Whelan of Bearsch Compeau Knudson, Architects & Engineers of Binghamton, explain minor alterations in the plan -- found that there was no negative environmental impact in the plan, approved the preliminary site plan as complete, and then approved the preliminary plan itself.

Next stop for Whelan and the S.E.P.P. Group is the Schuyler County Planning Commission next month, and then back to the village Planning Board for a public hearing -- after which the board might give final site-plan approval.

The apartment complex will have 51 units for people 55 years of age and older.

Public Hearing

The ongoing attempt by Dunkin' Donuts to gain approval for a parking-lot expansion was the subject of a public hearing the Planning Board held prior to dealing with the Watkins Glen Apartments matter.

About a dozen interested area residents were on hand, with most of them speaking in opposition to the plan, criticizing it as unnecessary since the existing Dunkin' Donuts lot is empty a high percentage of the time. They were also critical of garbage that blows from the property to neighbors' yards.

Most outspoken was Liam O'Kane, who wondered how the board could approve something -- the proposed elimination of a house at the north end of the Dunkin' Donuts property, with blacktop taking its place -- that is in opposition to the philosophy of the Village's Comprehensive Plan. He said more than 150 people had signed an online petition opposing the parking-lot plan, which he then submitted to the board.

A spokeswoman from the Tudor Rose Bed & Breadfast on Durland Avenue, near the Dunkin' Donuts shop, also opposed the plan, as did Marie Fitzsimmons, a teacher in the Watkins Glen School District, and Travis Durfee, owner of the Madison Guest House on North Franklin -- who said he had thought about purchasing the house that Dunkin' Donuts wants to level.

"I urge you to vote 'no' to see if there might be more productive uses" for such homes, Durfee said.

However, Angeline Franzese, who with her husband runs the Villager Motel downtown, said that parking is an important component in the success of any business, and that if Dunkin' Donuts says it needs increased parking, it should be granted.

And board member John Bond said that he had placed copies of a survey on the counters of various businesses in the village asking people to say whether they were in favor of the parking-lot expansion, opposed to it, or didn't care.

He said 203 of the surveys -- 89 of them from village residents -- were in favor of the expansion, with three opposed and six not caring.

"That tells me," he said, "that most people who don't show up at these meetings are in favor" of the Dunkin' Donuts proposal.

In the end, no action was taken by the Planning Board. Any move would wait until the next meeting, in November, said acting chairman Chris Bond.

Photos in text: From top: Planning Board member Amedeo Fraboni listens to public hearing speaker Liam O'Kane; Angeline Franzese speaks in favor of the Dunkin' Donuts parking-lot expansion; and board member John Bond explains his survey, which showed respondents heavily in favor of the parking-lot plan.

Summer Rec is coming back

Grant to school district will fund Glen program for 3 years

WATKINS GLEN, Oct. 1, 2013 -- The Summer Recreation program jettisoned by the Village Board two-and-a-half years ago for budgetary reasons is being reinstated, thanks to a grant obtained by the village in conjunction with the Watkins Glen School District.

The grant will provide $22,000 to the village in each of the next three years, said Mayor Mark Swinnerton -- the exact amount it cost to run the Summer Rec program before it was axed.

The program will once again provide swimming, basketball, volleyball, arts and crafts and other activities at Clute Park under the guidance of counselors and under the direction of the Village Parks Department.

The Summer Rec funding is only a small portion of the entire school grant, a federal Carol M. White physical education grant to be used by the district to implement PIVOT (Physical Activity is Vital to Our Tomorrow). The entire grant totals $1,083,993 across three years. An outline of its goals can be found on the Schools Page.

“We’re very excited by this,” said Swinnerton (pictured at right), who explained that the village worked in conjunction with the school district in preparing the grant application.

“Any time you can team up with another municipality or entity,” he said, “good things can happen. We need more good news like this to keep coming.”

Although the heavy majority of the overall grant is being directed to the school district, Summer Rec will be operated by the village as it was for “for eons,” Swinnerton said, adding that it “will be open to any student in the school district.”

That posed a problem when the village was funding it, he said, noting that at the time the plug was pulled on the program -- shortly after he took office as mayor -- 75% of its participants were from outside the village. “So the village was subsidizing kids from outside,” he said.

That same scenario could be in place at the end of the three-year grant, but Swinnerton shrugged off the possibility. “It could get back to that,” he said, “but right now we’ll take whatever we can get.”

When the program was axed by the Village Board, the mayor said, the village was in the midst of a budget crunch. “We did it out of the gate,” he said, “and we knew we’d take a lot of flak for it. But we didn’t have any options at the time.”

Now, he said, it will be reinstated after the board approves “a resolution of some sort of support,” and makes sure that “certain criteria are met."

The program is expected to be up and running in time for the summer of 2014.

Photo in text: Watkins Glen Mayor Mark Swinnerton.

Walmart evacuated after threat

WATKINS GLEN, Sept. 26, 2013 --The Walmart store in Watkins Glen was evacuated for about two hours Wednesday night after writing found in the men's bathroom indicated "there might be a bomb" in the store "at a later date," Village Police Chief Tom Struble said. The store, evacuated at 7:30 p.m., was reopened at 9:30 p.m.

Struble said writing of an unspecified nature -- he wouldn't say whether on note paper, toilet paper or the wall -- indicated a future incident "relative" to an explosion, but with no indication of a specific kind of explosive device.

Village police called in bomb-sniffing dogs from Cornell University's security force -- Labradors that "specialize in explosives detection," the chief said -- although the writing did not threaten an immediate incident.

"We erred on the side of caution" in regards to the writing's time reference, Struble said, with the dogs and police combing the store and finding "no threat to the public at this point. We'll be working to pursue the case over the next few days."

As part of the probe, he said, police will be reviewing video of the rest room exterior prior to the discovery of the threat, studying people entering the room in an effort to detect "maybe a unique identifier, how they're acting." He wouldn't go into specifics beyond that, saying he didn't want to jeopardize the investigation.

"We take this very seriously," he said, although "we felt confident enough to reopen the store" after searching it.

Village Board eyes 3rd bridge

Okays $14,500 feasibility study by Hunt

WATKINS GLEN, Sept. 11, 2013 -- The Watkins Glen Village Board Monday night voted 3-2 in favor of a $14,500 feasibility study by Hunt Engineers to determine the need, if any, for a third bridge over Glen Creek, at either Porter or Perry Streets.

Mayor Mark Swinnerton, who approached Hunt with the idea, voted in favor along with Trustees Kevin Smith and Scott Gibson. Trustees Tony Fraboni and Paul Clifford were opposed.

Swinnerton (pictured at right) said afterward that the matter of a third bridge-- the existing ones are on Franklin and Decatur Streets -- has long been discussed, but that there has "never been a traffic study done to show the benefits." Accordingly, he said, he "solicited a proposal from Hunt" for such a study to determine "whether a bridge is required" to alleviate traffic issues in the village.

While those issues manifest themselves during the summer tourist season, he said, an autumn study was preferred by the Department of Transportation, although the summer traffic will be considered.

"The Number One complaint I get in phone calls," Swinnerton said, "is hands down traffic, whether it's gridlock or trucks or how shutting down Franklin or Decatur raises havoc.

"It's safe to say that traffic will only get worse," he added, as the village moves forward with Project Seneca, which envisions a new sewage treatment plant and shoreline development. "And it's bad now."

He said he approached Watkins Glen School Superintendent Tom Phillips with the idea, and that Phillips took it to the School Board.

"The School Board is very much in support of the bridge," Swinnerton said, noting that it would prefer to see it located on Porter Street so that northbound buses exiting the12th Street school campus can go straight to Fourth Street. Right now, buses often log-jam with other buses on Decatur Street.

The impact on the school district factors into the study, he said, because school is in session 10 months each year.

Beyond that, he noted, the county is "anxious to see what the numbers show" -- particularly with the study taking into account "30 years of future growth, what with Project Seneca and the changes ahead. We hope the area continues to grow."

The Hunt study, he said, will "show the Village Board the facts so we can decide if the bridge is needed. Even though studies cost a considerable amount of money, they're important -- as with the police department." The existing Village PD was the subject of a recent study which, officials decided, showed the department's continued need.

While Fraboni and Clifford didn't feel the Hunt study would demonstrate a need for the third bridge, Swinnerton said, "those are their opinions. By doing a study, we'll look at facts."

The study will begin this month, he said, "and we should have the facts in October."

Photo in text: Mayor Mark Swinnerton (File photo)

Taxes, exemptions in focus during Legislature meeting

WATKINS GLEN, Sept. 10, 2013 -- Amid various resolutions, the meat of the Schuyler County Legislature's monthly meeting Monday night came from peripheral issues pertaining to the STAR exemption program, Walmart's assessment reduction pursuit, and a sales tax shortfall.

Among the issues:

-- Jeff Bartholomew, Syracuse regional manager of the state Office of Real Property Tax Services, outlined state legislation mandating that property owners in New York state must re-register with the state in order to retain in 2014 the Basic STAR exemption that reduces school taxes.

Homeowners 65 and older who have the Enhanced STAR exemption are not affected, Bartholomew said, although they must continue to apply annually or participate in an Income Verification Program.

Bartholomew, in a presentation to legislators and spectators, said part of the reason for the Basic STAR re-registration -- the exemptions had been automatically renewed for years -- was because of elements of fraud that had been found in the system.

He said property owners who currently have the Basic STAR exemption are being notified by letter with a registration code to be used on the state website tax.ny.gov, or by phoning (518) 457-2036. The deadline to register -- and thus maintain the Basic STAR exemption -- is Dec. 31. There will be no need to register every year for the exemption, Bartholomew added, saying: "This is supposed to be a one-and-done process."

Barthlomew will also be at the Odessa-Montour School Board meeting at 6 p.m. Thursday and at the Watkins Glen School Board meeting at 6:30 p.m. Monday to discuss the issue.

-- Legislature Chairman Dennis Fagan noted that the county's sales tax revenue is down about 2% from a year ago, and is running "5 or 6% below" what was anticipated in the current county budget.

-- County Administrator Tim O'Hearn noted that the assessment reduction sought by Walmart has been settled with the Town of Dix, with the assessment set at $11.4 million for the next three years, down from $12.4 million. Walmart had been seeking a reduction to $5.7 million.

In other business:

-- O'Hearn noted that the work on the Shared Services Building -- extensively damaged in a March fire -- is well underway, with much of the outer shell of the structure stripped away. "We're looking at design issues," he said, in an effort to determine how the building might be improved from its original architecture. Among the possible changes would be the addition of a sprinkler system "if other economies can be made," he said. Completion date is still set for mid-March.

-- O'Hearn noted that the position of County Planner will be advertised with the announcement by current planner Rocky Kambo that he plans to move to Ohio in October for personal reasons. Kambo has held the post since Jan. 1.

-- Legislators accepted a 2012 audit of county finances, which showed what one legislator said were "significant deficiencies" that are being addressed. The report was being posted on the county website, schuylercounty.us.

Photo in text:

Top: From left, County Administrator Tim O'Hearn, Legislature Chairman Dennis Fagan and Legislator Doris Karius at the meeting.

Bottom: From left, Legislators Phil Barnes, Barb Halpin and Stewart Field.

Here are the GOP Primary candidates

WATKINS GLEN, Aug. 7, 2013 -- The Schuyler County Board of Elections has provided the following list of candidates running in the Sept. 10th Primary Election.

There is no need for a Democratic Primary.

From left: Sheriff Bill Yessman, Congressman Tom Reed, Elmira Mayor Susan Skidmore and Monterey Shock Camp Superintendent Leroy Fields leave the facility's Education Building at the end of the group's tour.

Reed: 'We need Monterey'

Rally planned in Watkins Glen Sept. 9

MONTEREY, Aug. 30, 2013 -- Congressman Tom Reed -- after attending Thursday’s monthly graduation of inmates at the Monterey Shock Incarceration Facility -- said that every effort possible will be made to get the scheduled closing of the facility reversed.

Meanwhile, a conference call of leaders in three counties Thursday resulted in a plan to hold a rally in support of the Shock Camp at 1 p.m. Monday, Sept. 9 at the Watkins Glen Community Center.

Efforts will be made to turn out a large crowd at the rally, said Schuyler County Legislator Phil Barnes, in order to send a message to Governor Andrew Cuomo, whose administration has scheduled a July 26, 2014 closing of the Monterey facility.

Reed, who last week dropped in on a weekly meeting of Monterey employees and supporters at Monterey Jack’s tavern, returned to Monterey for Thursday’s graduation of 18 inmates from the six-month program, which combines group counseling, drug and alcohol abuse treatment and work on public projects.

The Shock Camp, which currently houses about half of its capacity of 300 inmates, has been targeted by Cuomo for closure as a cost-cutting measure, but camp supporters decry the fact that many communities in the region, as well as the state park system, will suffer the loss of a great deal of inmate labor provided without charge. That work will have to be picked up by the communities if the camp is closed.

As one man put it later Thursday at another of the employees’ weekly sessions at Monterey Jack’s, “We lose these guys, (the communities) are gonna be screwed.”

Reed put it more delicately when he spoke Thursday morning to the media gathered on the state roadway that runs through the Shock Facility. He had just attended the graduation, and been given a tour of the camp by Superintendent Leroy Fields. Schuyler County Sheriff Bill Yessman had delivered the keynote address at the graduation, while Reed had told the graduates to “never give up.”

“The Monterey Shock Facility is something we’re going to fight for,” the Congressman told the media. “One of the reasons I came here was to let people know it’s valuable to our communities. I told the graduates to never give up, and we’re never going to. We are saving thousands of dollars in the communities through the work of these young men. This is a bipartisan effort to tell Albany to change this decision.”

Reed said he had yet to hear “a clear answer” as to why the shock camp was put “on the chopping block. We have to stand up and fight for what we need, and we need this facility.” Toward that end, he noted, a petition drive led by camp employees and by State Senator Tom O’Mara and Assemblyman Phil Palmesano is underway to “let the Governor know this was the wrong decision.”

Meanwhile, publicized events will be planned, he said, “to raise community awareness. We need the Monterey Shock Facility to stay opened.”

Added Elmira Mayor Susan Skidmore, also present for the graduation ceremony: the closing “will be a huge loss to us.” Her city often utilizes Monterey labor.

While the graduation was ongoing, state and regional leaders decided in their conference call on the day, time and location of the planned rally. An email campaign addressed to affected municipalities, and a media -- including social media -- blitz will attempt to attract a large crowd to the Watkins Glen Community Center.

The rally was announced at the afternoon session at Monterey Jack’s by Barnes, who chairs the Legislature’s Public Safety Committee. He noted that the Legislature will be passing a resolution soon in support of the shock camp, and said government units in villages and towns around the region are being asked to do the same. Some already have.

Another conference call will be conducted on Sept. 4, he said, adding: “As your elected officers, we’re not going to let this thing drop.”

Mike Dildine, a union representative from Western New York, was also on hand at the tavern session to tell the employees that “you guys are starting in the right direction” with a petition drive, signs, letters to Albany officials and planned message-laden T-shirts. But he cautioned that one of the shock camps staying open -- the Lakeview camp in Chautauqua County -- “is busting at the seams” with inmates.

“They lowered your numbers and filled up Lakeview,’ he said, “That’s how they do it” when a closing is desired by an administration. “They reduce your numbers” to show capacity is not being met.

“That’s the plan. Everything is going to be run through Lakeview.”

Photos in text: Signs in front of the Monterey Shock Incarceration Facility administration building.

Shock Facility inmates march on their way to lunch.

Fagan: Monterey 'shouldn't be closed'

Congressman Reed joins the fight; 50 Cent interested, too

WATKINS GLEN, Aug. 23, 2013 -- A congressman and a rapper have entered the picture as the effort continues to fight the planned closing of the Monterey Shock Incarceration Facility.

Governor Andrew Cuomo has opted to close the facility next year. He bypassed State Legislature participation in the decision by issuing a one-year administrative notice.

Congressman Tom Reed on Thursday attended the weekly meeting of Shock Camp employees and supporters at Monterey Jack's tavern -- a meeting designed to update one another on the growing battle.

A spokesman in Reed's office said the next day that the Congressman plans on taking a role in fighting the closure.

Schuyler County Legislator Phil Barnes, speaking at Friday's Legislature meeting, said the rapper 50 Cent (real name Curtis Jackson) has also indicated he is getting involved. Jackson was an inmate at Monterey in 1994 after his arrest on drug charges -- long before he attained entertainment fame.

Schuyler Legislature Chairman Dennis Fagan is also in the battle, along with State Senator Tom O'Mara and Assemblyman Phil Palmesano, both of whom attended a meeting at Monterey Jack's last week.

Fagan reported Friday, duing the Legislature meeting, on the ongoing battle -- telling how a conversation he had with Governor Cuomo last week resulted in contact from the State Corrections Department's Acting Commissioner, Anthony Annucci. Fagan also outlined that conversation in an email to The Odessa File.

He said the commissioner, in "a 15- to 20-minute conversation," told Fagan the closing was a difficult choice because Annucci was "instrumental in the 1987 legislation creating the Shock Program in New York State" -- but that "an increase in shock vacancies warranted the closing even though the criteria for shock eligibility has been significantly expanded. In 1996 there were 26,000 drug offenders compared to less than 7,000 now."

Of the two other shock facilities in the state, Annucci told Fagan, Lakeview "would not close due to its large size. So the choice came down to Monterey or Moria." The latter was saved by political pressure four years ago, and thus had a political backing that left Monterey as the one to close -- despite millions of dollars in infrastructure improvements over the last decade.

But Fagan said that taking all aspects of the closing into account, "I'm convinced this is something that shouldn't be closed."

In addition to the weekly meetings at Monterey Jack's, he added, efforts are underway by O'Mara and Palmesano -- in conjunction with officials from affected counties -- to mount a rally and a petitoin drive in support of the Shock Camp. Officials from Schuyler, Chemung and Steuben counties are also meeting to discuss the issue.

Chief among the arguments being touted is the work produced by Monterey inmates on behalf of communities in the region -- especially cleanups at parks and cemeteries and along roadways. Opponents of the closing are also gathering testimonials from former inmates who attest to the positve effect the Shock Camp had on their lives.

"But we must move fast," said Fagan, since the state will soon stop sending inmates to Monterey. "And it would be a little difficult to save a camp that doesn't have any inmates," he added.

While petitions are being circulated by hand -- Legislator Glenn Larison was circulating one at Friday's meeting -- there is also one posted on-line. To reach it, click here and register.

Photos in text: Chairman Dennis Fagan at Friday's Legislature meeting; the sign above the entrance to Monterey Jack's tavern in Monterey, where weekly meetings are held.

The conceptual map of the proposed apartment complex.

Apartment complex plan revised, earns conceptual approval from Planning Board

WATKINS GLEN, Aug. 22, 2013 -- The Watkins Glen Planning Board Wednesday night gave conceptual approval to a revised plan for the proposed Seneca Terrace Apartments, a complex planned on the hillside behind the Elks Lodge on the north end of the village.

The revised plan reduces the number of apartments to 24 from the 28 previously envisioned, and eliminates an entrance to the complex from Route 14 due to safety concerns expressed by the board at a meeting earlier this summer.

The board said that in granting the conceptual approval, it will move next toward consideration of specific site plans. Engineer Ted Lauve, in utilizing a concept map to explain the changes, said his firm will move forward with those site plans now. A public hearing will be held before final site plan approval can be granted.

The board also heard from a traffic engineer, Gordon Stansbury, who said a study of traffic flow showed that access to the apartment complex -- and egress from it -- will not significantly impact traffic on the nearby Partition, Monroe and Jackson streets.

The plan now calls for two 12-unit buildings, with primary access from North Monroe Street along a new access drive connecting to North Jackson Street. Construction of the complex would start soon after final approval is granted by the Planning Board, and would take up to 18 months to complete.

The Planning Board also:

--Discussed the Dunkin' Donuts proposal to expand its parking lot -- which would include demolition of a house purchased by Dunkin' Donuts at the north end of the current lot.

Another house north of the first one has also been sold, Planning Board members said -- adding that they believe the second structure belongs to Dunkin' Donuts under a different corporate name.

Planning Board Acting Chairman Amedeo Fraboni asked James Gensel, a representative of Fagan Engineers of Elmira, if Dunkin' Donuts indeed owns that second property. Gensel -- who was substituting at the meeting for a Fagan planner who could not attend -- said he did not know, but would ask. Fraboni and other board members said they need to know what the plans are for that second structure if indeed it is under Dunkin' Donuts' control -- the idea being that if another business is targeted for that property and needs parking, then the need for the lot expansion would be more pronounced.

The board also told Gensel that it doesn't want a fence running the length of the lot along Franklin Street -- with board member Tom Merrill saying he would prefer a landscaped berm.

The board said it would also like a parking/traffic study done of the existing lot, and board member John Bond said "the new lighting should not be offensive." It was suggested, too, that lighting on the south end of the property should be adjusted to avoid annoying the neighbor to the immediate south.

Photos in text:

Top: Ted Lauve of Lauve Engineering explains the apartment concept plan to the Planning Board. The map he was utilizing is shown above.

Bottom: James Gensel of Fagan Engineers, the firm oveseeing the Dunkin' Donuts parking lot plans.

Governor Andrew Cuomo is flanked by Scott Welliver, left, and Gene Pierce during a stop at Pierce's Glenora Wine Cellars along Route 14 north of Watkins Glen.

Cuomo visits 3 wineries, presents Governor's Cup

Touts tourism and the wine industry to downstate merchants

WATKINS GLEN, Aug. 14, 2013 -- Governor Andrew Cuomo -- leading a bus caravan through the Yates and Schuyler County wine country -- capped a day of promotion for tourism and wine Tuesday by presenting the annual Governor's Cup during an awards dinner at the Watkins Glen Harbor Hotel.

The Cup -- a silver chalice signifying the outstanding wine of the year in New York State selected by a panel of experts from 875 entries -- was presented to Keuka Spring Vineyards for its 2012 Riesling. Keuka Spring is located near Penn Yan.

Accepting the honor were Len and Judy Wiltberger, who founded the business in the early 1980s.

Best of Category winners included Hazlitt 1852 Vineyards (Best Red Wine for its 2010 Cabernet Franc), Finger Lakes Distilling (Best Spirit for its McKenzie Rye), and Earle Estates Meadery (Best Specialty Wine for Raspberry Reflections). They and other category winners were considered for the Governor's Cup honor. McCall Wines from Long Island won the “Winery of the Year” award.

Cuomo -- speaking to a dinner gathering of 200 people at the hotel -- also announced the upcoming launch of a TV ad campaign promoting New York State’s award-winning wines. The 30-second ad, with a catch line that says "Discover your favorite New York wine tonight" -- was shown publicly for the first time at the dinner. To view the ad, click here.

The dinner followed a day in which the Governor visited and toured the Anthony Road Wine Company in Penn Yan, Glenora Wine Cellars in Dundee, and Lakewood Vineyards outside of Watkins Glen.

He was on one of several buses traveling together. On board were various officials -- such as State Senator Tom O'Mara, Assemblyman Phil Palmesano and Schuyler County Legislature Chair Dennis Fagan -- and downstate wine merchants and New York State Restaurant Association members recruited to visit the Finger Lakes to familiarize them with the area and all it has to offer in tourism and wine products.

As Cuomo said in a speech at the hotel later, the wine industry and tourism "have a magnificent role to play in the future of this state. It is breathtaking what tourism opportunities there are. There is a synergy between tourism and the wine industry that helps both grow. Both engines are humming."

He urged the visiting tour members to take back home word of "the unparalleled beauty of the Finger lakes" and to tout the wines that they found awaiting them Tuesday at each stop on their journey.

With a number of inhibiting laws and regulations now "out of the way," the governor said, "all we need now is exposure. We need to get (outside areas) to taste New York State wines. I'm glad you people from across the state are here. We want you to help in growing this."

He said it "all comes down to sales and marketing, and we have the best product imaginable."

Photos in text:

Top: Governor Andrew Cuomo presents the Governor's Cop to the Wiltbergers of Keuka Spring Vineyards.

Middle: Chris Stamp of Lakewood Vineyards and John Martini of the Anthony Road Wine Company relax during the bus tour stop at Lakewood.

Bottom: Governor Cuomo samples wine during the stop at Glenora.

Brian McKenzie, left, of Finger Lakes Distilling is congratulated by Governor Cuomo for winning the Best of Spirit category.

Left: Schuyler County Legislature Chairman Dennis Fagan shakes hands with the governor.
Right:
Among officials on hand at the dinner was Watkins Glen Mayor Mark Swinnerton.

The dinner attendees watched the premiere of the new TV ad.

Left: Miranda Polmanteer of the Seneca County Chamber of Commerce at the Glenora stop. Center: Assemblyman Phil Palmesano. Right: Governor Cuomo exits the bus upon arriving at Lakewood Vineyards.

Protesters were present outside the Harbor Hotel. Some carried signs protesting the planned closing of the Elmira Psychiatric Center, some objected to the New York SAFE (Secure Ammunition and Firearms Enforcement) Act, and some opposed fracking and LPG storage.

Star-Gazette reporter Jeff Aaron, right, interviews two members of the tour -- both merchants from Brooklyn who had never been to the Finger Lakes before. Both Gilbert Bahadoor, left, of East River Liquors and Jeff Cohen of Tops Liquors praised the region and its wines.

Left: Alan Hurley, who had issues with the legislators. Right: County Administrator Tim O'Hearn.

Legislature eyes possible expedited
repair of Shared Services Building

WATKINS GLEN, Aug. 13, 2013 -- The Schuyler County Legislature Monday night took under advisement an opinion by County Attorney Geoff Rossi that could enable it to bypass the normal bid procedure and thus hasten repair of the fire-damaged interior of the Shared Services Building on South Decatur Street.

The building, which housed a variety of village and county offices and agencies before fire struck in March, is sitting idly while the county awaits word from its insurance carrier as to the amount to be compensated for repairs. County Administrator Tim O’Hearn says the cost will exceed $2 million.

Complicating the issue, he said, is the temporary use by highway department employees of the former highway department garage, abandoned three years ago after the Shared Services Building opened, but "repurposed" following the blaze. The old facility has plumbing and heating issues unsuitable in increasingly cold fall and winter weather.

Rossi said that if the Legislature deems the situation an emergency, it can bypass the normal, time-consuming bid process and adopt an expedited process. Whether it does remains to be seen. O’Hearn said word is expected “imminently” from the insurance firm, and that the county hopes to have workers using the bays of the Shared Services Building by the end of the year.

In other business, the Legislature:

--Approved an increase in the salary of County Planner Rocky Kambo, who entered office on Jan. 1 at $45,000 a year and has taken on the additional role of Recycling Coordinator. The increase is $15,000 per year, retroactive to when he started -- an amount that drew criticism from Kathy Walruth, the Schuyler County Records Management Director. She said such an increase in a management salary is “a slap in the face” of other managers ”who have made (monetary) sacrifices to balance the budget” and have gone without raises. Added Walruth: “I’m appalled.”

Legislator Phil Barnes, while favoring the resolution granting the increase, said other salaries have to be addressed as well, to bring them into line with those in other similarly sized counties.

-- Listened to Alan Hurley of Tyrone, who had criticized the legislators last month for deciding to erect an LED informational sign near the Veterans’ Memorials in front of the courthouse. That plan, financed by a state grant, was terminated after footers were in place, when legislators realized -- as Hurley had argued -- that the location was an affront to veterans.

Hurley also complained Monday night about the sign’s new location, in front of the District Attorney’s office at the corner of Franklin and 10th Streets, saying it detracted from the historic nature of the County Building complex. And the fact that $3,600 had to be spent for the new footers didn’t set well with him.

“I am not happy with that at all,” said Hurley, visibly angered. “I know it’s a pittance, but little pittances add up to a lot of money. It’s waste!”

Legislature Chairman Dennis Fagan said he was “the first to admit that we screwed up” on the original location choice, but said veterans’ groups had been consulted regarding the new location and agreed that it was fine.

Photos in text: County Attorney Geoff Rossi and Legislator Phil Barnes at Monday's meeting.

Reed outlines bills to stop IRS abuses

Special to The Odessa File

WASHINGTON, D.C., July 29, 2013 -- Rep. Tom Reed Monday highlighted efforts in the House this week to prevent government abuses, specifically by the Internal Revenue Service (IRS). Reed said a series of bills will be considered in the House aimed at holding the IRS accountable, reining in the agency’s overreach, and providing answers to taxpayers.

“We’re responding to taxpayer concern that the IRS needs to be restrained,” Reed said. “It’s about keeping a check on the IRS whether that means keeping the agency out of your health care, making sure millions of tax dollars are not spent on lavish conferences and employee retreats, or holding officials accused of unethical conduct accountable, we need to restrain the IRS and re-empower taxpayers.”

IRS-related bills on the House floor this week:

· Keep the IRS Off Your Health Care (H.R. 2009) – authored by Rep. Tom Price, prevents the IRS from implementing any portion of Obamacare.

· Stop Targeting Our Politics IRS Act (H.R. 2565) – sponsored by Rep. Jim Renacci, would provide for the termination of employment of IRS employees who take official actions for political purposes.

· Stop Playing on Citizen’s Cash Act (H.R. 2769) – sponsored by Rep. Peter Roskam, imposes a moratorium on IRS conferences until the IG’s recommendations are implemented.

· The Taxpayer Bill of Rights (H.R. 2768) – sponsored by Peter Roskam, would specify the rights that citizens have when dealing with the IRS, including a right to privacy and confidentiality.

“These bills will rightly and fairly hold Washington accountable to taxpayers,” Reed continued. “The mentality in Washington is skewed. Too many have forgotten who they work for. Washington works for the taxpayer, not the other way around.”

Photo in text: Rep. Tom Reed (File photo)

O'Mara laments plan to close Monterey Correctional Facility

Special to The Odessa File

ALBANY, July 26, 2013 -- State Senator Tom O’Mara says the announcement by the Cuomo administration that it will close the Monterey Shock Incarceration Correctional Facility in Schuyler County in the next 12 months is "more tough news for a region already reeling from devastating job losses."

The state Department of Corrections and Community Supervision announced the plan Friday. It involves the Monterey facility and three medium-security operations: Butler in Wayne County, Chateaugay in Franklin County, and Mt. McGregor in Saratoga County. State officials said there has been a "dramatic" reduction in drug offenders at those facilities.

Noting that the move comes on the heels of the Cuomo administration’s recent announcement that it plans to shut down inpatient services at the Elmira Psychiatric Center, O'Mara said:

“Once again I’ll say that the goals of downsizing and cost-effectiveness in government are moves in the right direction. But the Cuomo administration’s approach appears to be taking a particular toll on our region and other upstate communities and, in my view, it’s not making fiscal sense.

“I have to continue questioning the wisdom of these actions. I’m strongly opposed to the changes proposed for the Elmira Psychiatric Center, which in my view fails to make any sense at all for New York State fiscally or from a quality-of-care perspective.

“The same goes for Monterey. For more than 25 years, the Monterey Shock Incarceration facility has stood as an innovative and successful corrections initiative. The unique blend of counseling, education and treatment at our shock facilities has saved the state over a billion dollars during this time. The administration and staff of Monterey, past and present, have turned around numerous lives that were once at a dead-end but, today, are productive and successful.

“I’ll continue to raise all of these concerns and questions, and will keep working with local leaders to try to make the case to the Cuomo administration that there may be more effective ways to achieve the short- and long-term goals we share.”

Monterey was New York’s first “shock” facility. The facility celebrated its 25th Anniversary in September 2012. It involves -- in addition to no-nonsense military discipline, reduced privileges and hard physical labor -- an educational component along with drug and alcohol abuse treatment.

There are currently 124 employees at the Monterey facility. According to the Cuomo administration, the closure plan proposes to avoid layoffs by transitioning employees to other, preferably nearby correctional facilities or to employment in other state agencies.

County sign location changed

WATKINS GLEN, July 26, 2013 -- The planned installation of an events and information sign in front of the Schuyler County Courthouse near existing Veterans' Memorials has been scrapped, and an alternate site selected on the southwest corner of the courthouse property.

The plan had attracted some criticism, and county officials rethought the original concept.

"It will create a delay, but it's worth it considering the ramifications of staying the course," said County Administrator Tim O'Hearn, explaining that there had been no intent to disrespect veterans. Some were offended, though, because the planned sign -- while not forcing a change in the location of any existing memorials -- would have visually impacted their space.

"I offered my apologies to the veterans groups," said O'Hearn, "and they were involved in selecting the new spot," which is located on the lawn fronting the District Attorney's office.

"We had good intentions," said O'Hearn, noting that the sign -- an electronic message board with streaming capabilities -- will provide information concerning Health Department activities as well as other activities in the county, serving as an aid to tourists as well as residents.

"There was a miscommunication along the way," he said of the original site selection. "It was not a good move on our part. The veterans' concerns were valid."

Two orange cones rested Thursday evening on the cement footers that were placed in the ground on the original site -- work that O'Hearn said will be covered over. Nearby is a small tree with a sign commemorating an April 28, 2012 CSEA Region 5 Workers Memorial Day Observance remembering "members who have died in the line of duty."

Near that is a commemorative stone with a plaque "to the eternal memory and glory of those of Schuyler County who gave their lives in the service of our country in the Korean and Vietnam Conflicts." Another nearby memorial honors World War I fallen from Schuyler County, while a more distant one honors those who gave their lives in World Wars I and II.

The original plan "didn't impinge directly" on the memorials, said O'Hearn, but "putting a sign in the middle of memorials didn't make sense. I'll take responsibility for the decision."

The sign had been approved by the Legislature, but only with "a general discussion as to location," O'Hearn added.

The spot now selected, where a wooden sign currently gives directions to various offices, "will be an enhancement to the community," he said.

Photo in text: Cones sit atop the footers that had been installed to hold the sign near the Veterans' Memorials.

Hayden honored by DA group

Special to
The Odessa File

WATKINS GLEN, July 23, 2013 -- Matthew C. Hayden, Chief Assistant District Attorney for Schuyler County, has been named Prosecutor of the Year for Trial Advocacy by the District Attorneys Association of New York State and the New York Prosecutors Training Institute.

The award was presented to Hayden on Saturday, July 20 at the Otesaga Hotel in Cooperstown, NY, during the District Attorneys Association summer conference. This award is given annually to one Assistant District Attorney who “has demonstrated dynamic trial skills, leadership, and selfless dedication to criminal prosecution in the Empire State.” It is the highest award for an assistant prosecutor in the State of New York.

Chief ADA Hayden was nominated by Schuyler County District Attorney Joseph G. Fazzary. In his nomination letter, Fazzary stated: “Matt is an exceptionally hard working attorney and his integrity is beyond reproach. He is willing to try any case, from a speeding ticket or dog at large case, to an attempted murder case. He stands up in court every day as a voice for victims in Schuyler County.”

Added Fazzary: “Matt is an asset to my office and to the DA’s Association. He routinely assists other District Attorneys and Assistant District Attorneys around the Southern Tier. He is first class all the way and I am proud to have him as my Chief ADA.”

This is the first time that a prosecutor from Schuyler County has received the award.

Photo in text: Matt Hayden at the award presentation. (Photo provided)

 

Legislature Members:

Top row (from left): Dennis Fagan, Jim Howell, Michael Lausell, Van Harp

Bottom row: Tom Gifford, Barbara Halpin, Phil Barnes, Stewart Field. Not pictured: Mike Yuhasz (inactive)

   
       

Legislature Chairman

Dennis Fagan, Tyrone 607-292-3687

Legislature Members:

Thomas M. Gifford, 535-9517

Van Harp

Jim Howell

Barbara Halpin, 594-3683

Michael Lausell

Phil Barnes, Watkins Glen, 481-0482

Stewart Field, Watkins Glen, 535-2335

Inactive: Michael Yuhasz

County Clerk: Linda Compton, 535-8133

Sheriff: William Yessman, 535-8222

Undersheriff: Breck Spaulding, 535-8222

County Treasurer: Gary Whyman, 535-8181

District Attorney: Joseph Fazzary, 535-8383

 

Odessa Officials, Offices

Village Board Members

Pictured below, from left: Mayor Keith Pierce and Village Board Trustees Robin Thoman, Shawn Crane, Thomas Letteer Jr. and Sally Hill.

Mayor: Keith Pierce

Trustees: Robin Thoman, Shawn Crane, Thomas Letteer, Sally Hill

Village Clerk: Kristi Pierce, 300 E. Main St., Odessa, 594-2100

Department of Public Works: Steve Siptrott

Village Justice: Ronald Goossen

Municipal Building: 300 E. Main St., Odessa, 594-3792

Dutton S. Peterson Memorial Library: 106 First St., Odessa, 5942791

 

Montour Falls Village Offices

Mayor: John King

Trustees: Philip J. Smith, James P. Ryan, Steven Lawton, Vincent Chicone

Village Clerk-Treasurer: Alyssa Hammond, P.O. Box 812, 408 W. Main St., 535-7367

Village Garage: 535-9580

Village Justice: Donald Spaccio, 408 W. Main St., 535-7362

 

Town of Catharine Offices

Supervisor: John VanSoest

Town Board: Ronald Hoffman, Wayne Chapman, Glenn Bleiler, C. Michael Learn

Town Clerk: Carmella Hoffman, 594-2273; office at 106 Grant Road, Odessa

Town Justice: Richard Lewis, 594-2273

Town Assessor: Daniel Bizzell, 535-8118

Highway Superintendent: Bill Morgan, 594-3382

Historian: Carol Fagnan, 594-2062

Website: http://www.townofcatharine.com.

 

Village of Watkins Glen Offices

Mayor: Mark Swinnerton

Trustees: Scott Gibson, Kevin Smith, Tony Fraboni, Paul Clifford

Village Clerk: Donna J. Beardsley

Village Justice: Nicholas J. Dugo

Code Enforcement Officer: Gregory Larnard

 

State, Federal Officials for Schuyler County

Sen. Charles E. Schumer

United States Senate
313 Hart Senate Office Building
Washington, D.C. 20510-3201
DC Phone: 202-224-6542
DC Fax: 202-228-3027
Email Address: http://schumer.senate.gov/webform.html


Sen. Kirsten E. Gillibrand

United States Senate
478 Russell Senate Office Building
Washington, D.C. 20510
DC Phone: 202-224-4451
Website: http://gillibrand.senate.gov/

State Senator Tom O'Mara. -- Chemung, Schuyler, Steuben, Yates, western Tompkins, Enfield, Ithaca (Town and City), Newfield, Ulysses(Trumansburg)

Room 812, Legislative Office Building
Albany, NY 12247
Phone: (518) 455-2091
Fax: (518) 426-6976
www.omara.nysenate.gov

Assemblyman Phil Palmesano -- Steuben, Schuyler, Yates
Room 723, Legislative Office Building
Albany, NY 12248
Phone: (518) 455-5791
Website: http://assembly.state.ny.us/mem/Phillip-A-Palmesano