Tag Archives: jeff sanitation

Town of Delaware Board; Home Rule; Conflict of Interests; Public’s Right to Know


Dear Readers,  After three weeks  without my laptop,  I’m  b-a-a-ck.  As always, I’ve provided Town of Delaware meeting notes according to  how the meeting unfolded.  Although  Town Clerk McBeath’s  notes are generally excellent (as was commented by an audience member this past meeting)  Breathing has the wherewithal to provide more context for a more  (hopefully!) complete understanding of the issues discussed.   If you’re a Reality TV fan,  come on down  to the Delaware Town Hall on the third Wednesday of each month at 7:00 PM. The meetings have been packed recently and…lively!   Despite the sometimes contentious nature of  discussions,  it’s  important to note how many fine people are contributing productively to the life of our Town.  Take especial note of  the grants being written and improvements being planned.

NEW  &  OLD  BUSINESS

According to a spokesperson for Mr. James “Jimmy”  Hughson (Jeff Sanitation and J. Hughson Excavating companies),  New York State’s Department of  Environmental Conservation (NY-DEC) has informed the garbage hauler he must move his collection facility indoors as part of  a required upgrade.   The upgrade of  Mr. Hughson’s proposed  “private transfer station”  (located east of Jeffersonville on the  East Branch of the Callicoon Creek)  is being considered by the Town’s Planning Board as a Special Non-conforming Use under  the Town’s  ZoningLaw.  Mr. Hughson’s spokesperson said the proposal will provide more storage capacity, will not increase the amount of garbage accepted at the site and will  reduce the number of truck trips.    “Mr. Hughson will collect the trash and sort it at his facility.”

When Town Assessor, Linda Schwartz,  commented to Mr. Hughson that she didn’t understand why he  would undertake the project because it sounded as if   his costs would increase  due to the upgrade while his profits would decrease due to his hauled-tonnage remaining  the same,   Mr. Hughson shrugged.

Town Clerk, Tess McBeath,  who sits on the County’s  Solid Waste Task Force,  explained that the County has proposed simplifying management of the solid waste stream by instituting  “single stream recycling.”  (Instead of  individual  households separating plastics, glass, metals, etc.,  as is done currently,   a  “sorting” company would do the separating and also transport the recyclables out of state.)  “The County isn’t looking to put haulers  out of business,”  Ms. McBeath continued.  “…it’s  asked for  $6.5 million  to build a transfer station….”

In 2009, according to the Times Herald Record,  Mr. Hughson was charged by the DEC for illegal dumping at the site.  In 1988,  the DEC ordered Mr. Hughson to cap and close  a landfill (near the current site)  which was owned and operated by him.*

The Town Board unanimously agreed to write a letter of recommendation in favor of Mr. Hughson’s  proposal.

Local businessman, Robert DeCristofaro, reported  what he believes are several discrepancies in his sewer assessment and the Board agreed to review the Town’s  billing.

While making her Town Clerk’s report,  Ms. McBeath  said,  “Many older, disabled folks come into my office.  I’ve asked several times that the Town Highway Department install handicapped parking signs that it already has so  those folks don’t have to walk so far.”   She then asked the Town Board to help her get the additional signs erected.

Highway Superintendent William Eschenberg interrupted Ms. McBeath.  “You stop.  You just stop right now.  I don’t work for you. You don’t like me and I don’t like you. There’s a sign out there.  If  they can’t read one sign they won’t be able to read three.”

To which Ms. McBeath responded,  “You forget who pays your salary.  This isn’t about me; this isn’t personal,”  and asked several times to be permitted to continue with her report.

While the back-and-forth between the two Town officials continued for several minutes — and the Board sat mum —   audience members called for Mr. Eschenberg to allow the Clerk’s report to resume.  When a local resident said,  “I don’t understand what’s happening here,” and told Mr. Eschenberg he was “being rude,”  the Highway Superintendent replied,  “I know you don’t understand” and asked the audience member to go outside with him so the matter could be explained.

Finally,  Ms. McBeath said to Supervisor Scheutzow,  “I need direction, Jim,”  and  Mr. Scheutzow replied,  “I’ll deal with it.”

Ms. McBeath also reported that the Town collected $2,580 in building fees during the month of May 2010.  (According to data obtained by Breathing with a  Freedom of Information Request,  eight fewer permits have been issued to-date this year than during the same period in 2009.    However,  as of 6/18/10,  fees  have totaled, apparently,  $13,519  an approximate $6,000 increase over the first six months of 2009.)

Mr. Eschenberg asked for, and received,  permission to  put the Town’s heating oil purchase out to bid.

The Building Inspector,  Mr. Howard Fuchs,  was not in attendance and so no report was made.

Tax Assessor, Linda Schwartz, reported  the Town’s  equalization and assessment rates  have increased to 57%.  (That means   Town property holders  will be paying taxes on  57%  of their  property’s value — a larger percent than last year.)

As reported by  the Town’s  Grants Coordinator, Ms. Kara McElroy,  The Town has received six proposals for  its  sewer project and must decide by  June 30, 2010 who will receive the bid.  In addition,  the Town of Delaware and three other River Towns are applying for a share in  a Scenic Byway Grant which will total $25,000.

Mr. Michael Chojnicki  reported that the hamlets of Callicoon, Narrowsburg and Barryville have applied for a $750,000  Community Development Block Grant.  Each Hamlet  would receive $250,000 and Callicoon  would use the funds for lights,  parking lot re-pavement (in the Klimchok lot),  shoring up the retaining wall near the same location, improved parking in front of the movie theater,  sidewalks and nicer connections between Upper and Lower Main Streets.

The Town Board awarded a municipal trash removal contract to Thompson Sanitation but when audience member Jim Hughson pointed out that  Thompson’s bid was significantly higher than Sullivan First’s,  the Board unanimously  rescinded  its decision.  New bids will be accepted and subsequently opened on  July 21, 2010 at 6:55 PM.

PUBLIC COMMENT


Mr. Roy Tedoff  read an excerpt of NYS Assembly Bill  A10633 which states, in part,

“Currently, local government officials are confused  about whether  their  local  zoning  ordinances are preempted by state law and regulation in relation to the oil, gas, and solution mining industries.  NY Court of Appeals  case  law  interprets  provisions  of  the  ECL  [Environmental Conservation Law] to conclude  that  a town’s zoning. ordinance does not “relate to the regulation” of the industry, as prohibited by subdivision 2 of S 23-0303  of the  environmental  conservation  law, but rather serves to regulate the location, construction and use of buildings and land within the town, as delegated to local government by Article IX of the State Constitution. This legislation clarifies that current  local  zoning  law,  and  local zoning  laws  enacted  in  the  future, will dictate where oil, gas, and solution mining is a permissible use, even with a regulatory program  at the state level.”

Mr. Tedoff  then said,  “Since the Town Board can use its zoning power,  you should.  It’s a no-brainer….We  voters  have a right to know where the Town stands on the drilling issue.”

Mr. Tedoff then asked  members of the Town Board to reveal  any interest in drilling either they,  their associates or family members have.

Mr. Scheutzow replied,  “Whose business is it to know?  Next, you’ll want to know what my bank  statement is.”

(According to Section 808 and Section 811 of New York State’s General Municipal Law,  Mr. Scheutzow, council members  and other public officials in the Town of Delaware are subject to annual financial disclosure requirements.)  Also according to Section 808,  the Town can appoint a Board of Ethics to review possible ethics violations and  to be the repository of  Town officials’  financial disclosures.  Section 808,  also allows that  if such a Town Board of Ethics is not established,  the County Ethics Board can be appealed to for an opinion.  (Breathing has found no evidence that  the Town of Delaware  established a Board of Ethics but has asked for clarification with  a Freedom of Information request.)

Breathing has  already provided some information on  the issue of conflicts of interest and public officialsSection 809 of the General Municipal Law also requires disclosures by public officials and Section 812 details the information officials are required to disclose  (Financial Disclosure Form NYS GML).  In fact,  according to the Town of Delaware’s own  Code of Ethics,

The rules of ethical conduct of this Resolution as adopted, shall not conflict with, but shall be in addition to any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees.

(e) Disclosure of interest in legislation. To the extent that he/she knows thereof, a member of the Town Board and any officer or employee of the Town of Delaware, whether paid or unpaid, who participates in the discussion or gives official opinion to the Town Board on any legislation before the town Board, shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he/she has in such legislation.

(f) Investments in conflict with official duties. He/she shall not invest or hold any investment directly or indirectly in any financial, business, commercial or other private transaction, which creates a conflict with his official duties.

Section 5. Distribution of Code of Ethics. The Supervisor of the Town of Delaware shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Town within thirty (30) days after the effective date of this Resolution. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his/her office or employment.

Section 6. Penalties. In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of this code may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.

(The Franklin County District Attorney has said about an ethics investigation in his  countyOur investigation has revealed several contracts, easements, lease option agreements, cooperation memoranda and other types of documents which disclose relationships existing between elected officials and certain third parties in Franklin County (as well as other elected officials in other Counties) which, when allegedly coupled with certain decision making and board action, may be in violation of General Municipal Law (GML) 805-a(1)(c) and (1)(d). If such violations have occurred, these public officials may also be in violation of Penal Law Section 195.00, Official Misconduct and/or Penal Law Section 200….”)
In  response to Mr. Tedoff’s  request that the Town Board  adopt a resolution in support of  The Home Rule Bill ( NYS Assembly Bill  A10633),  Mr. Roeder said,  “Why would we support legislation that’s  a plan to burden the towns to do things they shouldn’t be involved with?”

As a matter of clarification,  Breathing offered,     “A10633 is  the so-called, ‘Home Rule”  bill.’   It’s an effort by our  Assemblymember, Aileen Gunther — and other co-sponsors —  to clarify what the Town’s zoning jurisdiction is and  to restore local control over  zoning districts to local governments.  You have the right to zone heavy industry out of  a ‘rural residential district.’  I’d think you’d want local control back.”

Mr. Scheutzow said,  “That’s your opinion.”

Breathing Is Political:  “Perhaps  you could ask your Town Attorney to  contact Assemblymember Gunther  who’s a co-sponsor of the Bill.  Perhaps she or a legal person in her office could  clarify the purpose of the Bill.”

Mr. Scheutzow:   “No matter how many times this Board tries to explain that we only have control over the roads,  some people just don’t get it.”

Breathing Is Political:   “Then perhaps you could ask the Town Attorney to reach out to the State Assembly because obviously,  members of the Assembly disagree with you about the Town’s zoning prerogatives.”

There was no response from the Town Board to the suggestion.  Nor did any members of the Board respond to Mr. Tedoff’s request that they disclose any interests in drilling.**

IN THE PARKING LOT AFTER THE MEETING

In a discussion outside the Town Hall after the meeting had ended,  Craig and Julie Sautner (Dimock residents and plaintiffs in a Federal lawsuit against Cabot Oil) spoke with  Mr. Noel Van Swol (Sullivan-Delaware Property Owners Association).  In response to  the Sautners’ continued assertions that  the hydraulic fracturing process  left their water  undrinkable and contaminated with methane, Mr. Van Swol stated,  “I’ve been told that methane occurs naturally in the water in Dimock and that’s why your water’s contaminated.”

Mr. Craig Sautner replied,  “That’s not true and we can prove it.  The chemical composition of naturally-occurring methane is very different than what’s released into the water by hydraulic fracturing.  And what we’ve got in our wells is not natural. We’ve got the lab tests to prove it.”

When Mr. Van Swol was asked,  “If  700 gas wells are drilled,  would it be acceptable to you if  five families’ water wells were contaminated,”  Mr. Van Swol replied, “Yes.  That would be acceptable.”

“And if your well was contaminated?”  he was asked in a follow-up,  “what would you do?”

“I’d take the company to court,”  he answered.

The Sautners explained to Breathing that at the time of   Robert Kennedy, Jr.’s visit to Dimock,  Cabot Oil was supplying the family with water in “buffalo tanks.”    After his visit and because it appeared to him that the “buffalo” water was contaminated,  the Sautners asked Cabot to provide them with clean well water.  For a while,  the company complied but has subsequently refused to continue the practice.  According to Mr. Sautner, if his family wants  Cabot to  replace the water  the company allegedly destroyed,  they’ll have to settle for the questionable  “buffalo”  brew.

ASTERISKS

*DISCLOSURE:  Liz Bucar was a member of   Citizens for a Clean Callicoon Creek which lobbied for closure of  Mr. Hughson’s  Landfill in 1988  because, in part,  the landfill was located in close proximity to the East Branch of the  Creek and  over an aquifer.

**Breathing was  informed recently by a confidential source that  Councilmember,  Harold Roeder — who is also Chair of the Upper Delaware Council — had admitted privately to having signed a gas lease.  In a follow-up phone call from Breathing, Mr. Roeder adamantly denied the allegation,  “That’s an absolute lie!” he said.  “I’ve never spoken with a gas person in my whole life.”

Standing Room Only: Delaware Town Board: 4-21-10


Last month, one member of the public attended  the Delaware Town Board meeting.  Last night,  attendance was standing room only.

Highway Superintendent Bill Eschenberg made an appeal to the public for patience  as he cited to reduced funding from both New York State and the federal government.  “Please remember we’re all in this together if you find yourselves driving over potholes this winter.  We’ve got no idea what will happen with our CHIPS funding.”

CHIPS is  the Consolidated Local Street and Highway Improvement Program and according to page 76 of Governor Patterson’s  Budget Briefing Book for 2010-11, “…the Executive Budget maintains the State’s core Trust Fund investment in the highway and bridge program at 2009-10 levels and also preserves funding for local highway and bridge projects under the Consolidated Highway Improvement Program (CHIPS) at prior-year levels.”   Those figures may change depending on action by the NYS Legislature.

Kara McElroy,  the Town’s Grants Coordinator,  reported,  “We met with the Rural Water Association (RWA) about our sewer plant problems and it looks as if there are several funding streams available to us for help.  We’ve had an application  with the United States Department of Agriculture (USDA)  for a long time so  the RWA met with us to suggest engineering directions we might pursue.”

Ms. McElroy also  reported that “the Town’s Community Development Grant application will be submitted this Friday and  our application for  Upper Delaware Council (UDC) funds will be sent tomorrow.”  (For more on these grants and the programs involved, please see  Breathing’s coverage of last month’s Town meeting.)

According to Ms. McElroy,  “We’ve been awarded a Category B Renaissance Grant for which the Town will be the lead agency.”  To help with the project, please email townofdelaware-ny.us

Harold Roeder,  Chair of the UDC and  the Town of Delaware’s  representative to the Council,  also spoke to the  fiscal  theme  struck by  Superintendent Bill Eschenberg by explaining that the UDC has been operating under the auspices of the National Park Service (NPS) since its inception.  “The Council was established  to protect property  rights and to protect water  quality in the Delaware River Corridor.  We get funding  from the NPS but  the amount hasn’t changed for twenty years.  That lack of increase results in less grant monies for our member townships.”

According to the UDC website,  the Council helps ensure the responsible actions of property owners through its  “…commitment to local land use controls and voluntary actions by landowners to protect the resources on their own private property, as opposed to federal ownership of the land in the river corridor.”

Ms. Ginny Boyle reported on The Callicoon Creek Park’s  recent “Work Day” which was coordinated with student volunteers from The Delaware Valley Job Corps.  She also referenced the many summer  events being planned for  The Park which include  music and art festivals,  weekly farmers’ markets  and a  May 22nd Plant Swap.  (The Park Committee’s  website and blog  will be “going live” on  or about May 1st so stay tuned for news on that.  Until then,  see notes at the end of this article for specific events and dates.  Breathing was very pleased to participate in the “Work Day”  with the  kids from Job Corps and had a great morning!)

While thanking the Town for refurbishing the Park’s entryway,  Ms. Boyle asked if funds  could be made available to replace damaged fence railings.  Although Town funds are not available, Councilperson Matt Hofer said Hofer Log and Lumber would donate whatever materials might be needed.

Councilperson John Gain reported on his tour of many of the Town’s  flooding trouble spots with  representatives of the  New York State Department of Transportation (NYSDOT),  Soil and Water Conservation and Mr. Jim Hughson,  owner of a local excavating company.  Mr. Gain described problems with rubble  under  the SR 52 bridge near Dick’s Auto Sales where the brook is seriously narrowed and several problems with culvert pipes.  “NYSDOT needs to get a digger from West Virginia that’s used to clear   rubble from coal mines but there’s no way of knowing when that will happen.  We’re facing significant erosion issues and it looks like  the pipes will have to be replaced.”

Mr. Hughson’s company, Jeff Sanitation, was awarded  a contract for the Town Clean-up Day.  (Please call  the Town Hall  at 845-887-5250  for details of that program  and another which permits residents and businesses  to dispose of electronic equipment on two separate days.)

Town Clerk, Ms. Tess McBeath  outlined steps that still need to be taken before the Town can incorporate  Farmland Protection into its Comprehensive Plan.

“The Gas Drilling Resolution,” which was tabled without comment last month,  passed this month with the removal of  an item calling for  “Inspections done by locally trained and qualified inspectors.”   According to Supervisor James Scheutzow,  the Board received a petition signed by forty residents  in support of the Resolution.  Council members Cindy Herbert, Harold Roeder and John Gain voted yes  “with reservations”  while Matt Hofer voted no and James Scheutzow voted in favor.

PUBLIC COMMENT

Mr. Matt Murphy of  the Stewart-Murphy Funeral Home asked why  Howard Fuchs, the Town’s Building Inspector,   cited him for  violations of the Americans with Disability Act (ADA) when many other Town of Delaware businesses listed by Mr. Murphy  do not provide handicap access as mandated by the law.  The Board promised to look into the matter, discuss it with Mr. Fuchs and get back to Mr. Murphy.

Mr. Roy Tedoff,  a landowner in the Town of Delaware,  described  NYS Assembly Bills 10490 and 10633.  “A10490 asks that a moratorium  be declared in NYS  until 120 days after  the Environmental Protection Agency (EPA) has issued a report on  the impacts of  gas drilling and hydraulic fracturing on drinking water.   A10633 gives Towns the right to use zoning regulations to control where drilling can take place.   This Town Board should contact the Assembly and  state the Board’s approval of the proposals.”   Supervisor Scheutow said he didn’t know about the Bills but would look into them.

Although a resident in the Town of Fremont rather than Delaware, Mr. Noel Van Swol spoke at length several times.  He is  a leading public voice on the issue of gas drilling and hydraulic fracturing.   He was also a leading opponent of  the  National Park Service’s involvement  in the Delaware River Corridor twenty years ago when  he made the  argument that local people could police themselves and keep The River safe.  Now, he and Mr. Bill Graby of the Sullivan-Delaware Property Owners Association, are  committed to drilling and hydraulic fracturing as “the only thing that will save us economically.”

In response to Mr. Tedoff’s  request that the Town support Assembly Bills  10490 and 10633,  Mr. Van Swol said,  “Those Assembly bills would further delay  drilling in New York State.  Our landowner group represents 9,215.24 leased acres in Delaware Township.  That’s more than 14 square miles.  Our organization has  to oppose the Board supporting the Bills.  Local property owners have been the silent majority while environmentalists have promoted their  hidden agenda to stop the drilling.  We’ve heard tonight of dire [economic] times and the only solution is this vital new drilling industry. New York State Senator  John Bonacic has said that upstate NY is dead.  Only  drilling can give it a heartbeat.  Hydraulic fracturing  has  been around since the 1940s.   As Jack Danchak commented recently,  there have been more than one million  wells fracked in the US and not one  serious instance of  trouble.”

Mr. Danchak  is a local sportsman who writes a regular column on fishing and hunting for the Sullivan County Democrat.  Although  he’s right that “fracking” has been around since the 1940’s, the  new slick water, high pressure,  horizontal hydraulic fracturing  technology proposed for New York and pioneered in Texas in 2002,  has some  scientists and the Environmental Protection Agency worried.

Gas extraction companies had known for years about the immense gas reserves in the Marcellus and Barnett Shales, but  there was no  viable way to remove it.  According to a gas industry publication,  The Permian Basin Petroleum Association Magazine,    “…when Devon Energy Corporation acquired Mitchell Energy in 2002, it drilled down vertically to the Barnett Shale, turned the drill bit, and continued drilling horizontally…. The combination of the water fracs and horizontal drilling revolutionized the unconventional shale gas play.”

Reports of  accidents and contamination in Dimock, Pa.,   DISH, Tx., Pavillion, Wy.,  Fort Worth, Tx  and other areas,  contradict assertions  by Mr. Danchak and Mr. Van Swol  that  “not one serious instance of trouble” has been caused by the  technology. (Milanville resident, Josh Fox, has documented some of those occurrences in his award-winning film, “Gasland.”

Mr. Van Swol continued his speech with a reference to New York’s dairy farmers who are still being paid at 1970’s  milk prices  and asked,  “What’s worse?  Some gas wells or farmers  going out of business and subdividing their properties and the environment being polluted by septic systems?”

Many family  farmers in New York  have been forced out of the dairy business due to abysmally poor pricing supports and federal underwriting of  gigantic  “factory farms”; but  people concerned with the impacts of  gas drilling have responded to Mr. Van Swol’s question in public hearings  by stating  that the carcinogens found in hydraulic fracturing fluids are not found in septic systems.

Mr. Bill Graby said, “We property owners have been working with the gas companies for almost two years. We’ve developed lease agreements that protect everyone.”

Mr. Tedoff replied, “Please make those contracts public.  We’ve been hearing about all the protections you’ve gotten,  but  all we  have is your word for it.   Until you stop keeping your leases secret, it looks like you  want to get all the gas out,  make the money and leave the rest of us so we can’t drink the  water.  Lease protections wouldn’t be so important if the gas drilling companies were regulated under The Clean Water Act.

A new resident and professional baker,  Ms. Elizabeth Finnegan said, “I also want to encourage the Town to support the moratorium Bill.   Let the EPA do its job.  If our water, soil and animals aren’t safe,  it won’t matter what kind of money’s available for grants.”

Steve Lundgren, another Town of Delaware resident  said, “Drilling is not the only solution to our economic problems and two years is not too long to study it.  Not everyone will benefit from drilling.   I understand  the farmers’ plight but only a small number of  leaseholders  will benefit.”

“The  NYS Department of Environmental Conservation (DEC) is  responsible for protecting us,”  said Mr. Van Swol.  “If you don’t trust the State…they haven’t found problems in New York.”

The Environmental Protection Agency (EPA) has issued reports on DEC’s inspection and enforcement record which contest Mr. Van Swol’s assertion and recently, Department of Environmental Conservation (NYS DEC)  Commissioner Grannis admitted at a conference that his agency,  which oversees gas extraction, is understaffed.

(In a comment at Breathing, Jennifer Canfield, a long-time local realtor addressed one piece of the prosperity issue at Breathing by providing a list of banks  “who will not fund leased properties, based upon environmental risk, as per information gained from a mortgage broker who is still looking further into the situation:

First Place Bank
Provident Funding
GMAC
Wells Fargo (will know for sure in a few days)
FNCB
Fidelity
FHA
First Liberty
Bank of America

“A few local lenders who underwrite their own are still lending, ”  Ms. Canfield continued.  “We are trying to also get a determination from the sources at Freddie Mac, Fannie Mae and Ginnie Mae.”)

Additionally, FHA rules (Federal Housing Adminstration) state,   “No existing home may be located closer than  300 feet from an active or planned drilling site.  If an operating [gas] well is located in a single family subdivision, no new or proposed house may be built within 75 feet of the operating well.”

Another long-serving realtor, David Knudsen responded at his site, “When a property has a gas lease on it that permits use of the surface for drilling, a third party essentially has the rights to materially change the property. Environmental concerns notwithstanding, those material changes to the surface could affect the value of the property, possibly devaluing the asset that the bank has lent on. Likewise, appraisals become difficult. Any piece of real property comes with a ‘bundle of rights’ that comprise its value. A gas lease essentially severs one of those rights, gas extraction, from the real property, so it becomes difficult to determine the value of the property without that right to transfer with the real property. It makes valuation very complicated. And in this still-tight lending environment, most lenders don’t want to deal with anything complicated or with an unquantifiable risk.”

Mr. Paul Hindes, the Town of Delaware’s  representative to  the Multi-Municipal Gas Drilling Taskforce (MMTF),  explained the MMTF has been focused on creating Road Use Agreements the Taskforce hopes will provide asset protection in the event that gas drilling comes to its eight  member towns.  “We want all eight towns to have identical road use laws that take into consideration not only the weight of industrial trucks on our roads but also the weight of those trucks over a cumulative period of time.”

Bill Eschenberg,  the Town’s  Highway Superintendent,  said he didn’t see any  evidence of harm from gas drilling during his trip to  “Susquehanna”  where Dimock, Pennsylvania is located. “If trucks wreck roads, they won’t keep running over them.  They need to fix them for the benefit of their own equipment.”

In contrast,   after a trip to  Dimock during  this past winter,  Breathing reported, “Throughout  Dimock, signs of poverty are  clearly visible and  the state of  dirt roads traveled by heavy drilling trucks was impossible to ignore.  Ruts were so deep and continuous that   humps as high as 8-9″ threatened  the under carriages of low-riding vehicles and, in part,  may have prompted  the Mayor’s question in Callicoon… about the state of our  local roads.”  (Mayor Tillman’s description of the gas industry’s  economic and environmental impacts on his town of DISH, Texas is available here.)

In his final comment, Mr. Van Swol said,  “Don’t worry about  money for  DEC inspectors.  The New York State Legislature will give us whatever we need  due  to all the money  coming from drilling and a severance tax.”

Virginia Andkjar,  one of the Town’s  Assesor stated,  “Unfortunately, it looks like the severance tax  will  be just a pittance.”

According to pages 98-99 of  Governor Patterson’s Budget Briefing Book,  the severance tax amounts to 3% on some gas extraction companies,  won’t be levied  until 2011-12 and is predicted to garner only  $1 million in revenues.

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CALLICOON CREEK PARK SCHEDULE (not including regularly-scheduled  Sunday Farmers’ Markets):

May 22 at 10:00 AM :  Plant Swap.  Email me at  Ljbucar@earthlink.net for details

July 10,  31 and August 21 or 28 (still in flux):  Under the Moon in Callicoon Concert Series.   Janet Burgan, coordinator. Keep your eyes and ears pealed for details!

July 17 : Art Fair.  For more information,  see Robin at  The Callicoon Wine Merchant