Follow Up on the News

New Fighting Grounds?

So what does any of this mean in terms of realpolitik, as they say? If the city wants clean water, will they have to pay for all private systems to meet its standards? And then, as some in Phoenicia are now saying, does that mean the City should pay for all sewer costs for systems it is proposing throughout the region, no matter any existing level of precedent?
In winter of 2007, Phoenicia became the only community to date to turn down, in a forced referendum, a city offer to build a municipal wastewater treatment plant. $17 million and a pile of legal papers, a majority of local folks said, weren’t the same as the City taking all responsibility for what it wanted of local residents with its regulations and sewer offers.
Or so one of the leaders of that opposition, who greeted the so-called Creamery decision enthusiastically this week, was saying at press time.
So what exactly is the case at hand?
In a September 26th decision last year, acting Delaware County State Supreme Court Justice Michael V. Coccoma said that the City’s Department of Environmental Protection must pay for the operation and maintenance costs for upgrades the company made to a waste water treatment plant installed by Worchester Creameries at it’s Mountainside farms dairy operation on Route 30 in Roxbury.
“The City cannot pass its financial obligation to provide exceptional quality drinking water onto the Coalition of Watershed Towns…..it is a cost the City, and it alone, must endure,” Coccoma wrote.
Mountainside Farms and the Coalition sued the City in 2006 because the sides could not agree on how long the City would pay the costs. The City only wanted to be responsible for the next 30 years. The City also refused to pay for costly equipment replacement to the system, claiming they were only responsible for the initial design and construction of it.
The City appealed Coccoma’s ruling, but the Appeals Court decision, entered on July 3rd, points to the intent of the Memorandum of Agreement, a 1997 deal made between the City and the Coalition of Watershed Towns, which it says was signed to not only protect water quality for the City but to ensure the economic survival of the region that supplies that water.
“The interpretation urged by the city would significantly stymie the economic component of the agreement,” the decision said.
The City’s Law Department declared the ruling a “partial victory,” because it narrowly interpreted state Public Health Law as precluding most claims by property owners for damages arising from enforcement of the watershed regulations.
Coalition of Watershed Towns’ attorney Kevin Young, who also negotiated many of the sewer deals in effect throughout the region, including Phoenicia’s failed offer, noted in e-mails accompanying the recent decision that he may seek to appeal the ruling on behalf of the creamery and Coaliton because of the court’s interpretation of legal language limiting the public’s monetary recourse against City regulations, which he called a “very important issue” to property owners in the watershed region.
The principal of the Albany-based Young, Sommer law firm also opined that the decision will not have any substantive effect.
In addition to several dozen municipally operated wastewater treatment plants, there are 107 private facilities throughout the watershed that treat discharges from businesses, small residential developments, trailer parks, hotels and summer camps.
However, the appeal decision has rekindled a local sentiment that the City should be responsible for all costs associated with the several new sewer systems built in the area. Such systems, like the one completed last year in Fleischmanns, were built by the City but require substantial contributions from landowners for maintenance costs. The City is also not responsible for repairs to those systems.
Alan Rosa, Executive Director of the Cateskill Watershed Corporation, a quasi-governmental regional entity which oversees City activities in the region, said it was always the intent of the MOA to have the city pay all costs for its regulations, including economic incentives to make up for any lost opportunities. He added that he had no idea why the Creamery was ever challenged, unless as a test by New York’s legal departments.
Phoenicia restaurateur Mike Ricciardella, meanwhile, said that his attorney, Olive-based Jack Darwack, had said the new ruling should be seen as a bargaining tool for getting all costs paid for by New York if it wants a local sewer, which he feels the federal Environmental Protection Agency and other private environmental organizations have asked for repeatedly.
“If they have to pay for private systems, they should pay for public ones too,” Ricciardella said, angry that so many in the watershed, and his town, have settled for less than what he feels the City should be paying, seeing that it’s they who want local sewer systems throughout the region for the protection of its water supply. “They should take all responsibility for these things… And we should all deal with them as an enemy, the better to get a good negotiation. This is great leverage for us.”
According to town Supervisor Peter DiSclafani, The City of New York has not altered the offer rejected by referendum by the Phoenicia wastewater district last year. But two months ago the City approved funding for a feasibility study for the use of constructed wetlands to replace the drying beds. DiSclafani says constructed wetlands could drastically reduce the operation and maintenance cost of the current designed plant to become the standard for watershed systems.
It was hoped that the study would be completed in July, but DiSclafani said this week that in recent communication with the firm conducting the study he was informed that it is not ready yet. Officials are also considering a plan to make the sewer district smaller than originally planned. It remains unclear what the new boundaries would be, or if the Phoenicia residents are prepared to accept a scaled back version of what they opposed.
Ricciardella said he hasn’t officially taken his new stance to either the town or Coalition of Watershed Towns, whose director, Dennis Lucas, was unavailable for comment this week. He said he’d already made his points before, been denounced for them, and figured that the reality was that the City would eventually come around to his position based on their need.
Rosa, meanwhile, said he didn’t know how to answer Ricciardella or his position.
“The City never wanted these wastewater treatment plants to begin with,” he said, noting that it was upstaters who fought for them and their benefits. “”The City doesn’t believe they need these programs… what we’re witnessing here is a failure of communication.”
“What I’m seeing here are all these folks arguing for the city instead of against them,” answered Ricciardella, in a separate interview. “I say you don’t get anything playing nice. That’s not how the world works, the way I see it.”
Talk about Realpolitik…

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Electric Reservoirs?

The DEP, a spokesperson for the City-agency said this week, is currently operating hydro electrical plants at five of its reservoirs within the watershed.
“We have one at the Ashokan, one at the Kensico, and three in Delaware County,” said spokesperson Mercedes Padillo when asked about reports that the Olive-based reservoir’s old aerators had been shifted to hydro power in recent years. “Two belong directly to the DEP and are managed by the New York Power Authority, two belong directly to NYPA, and one belongs to Brascan, a Brazilian-Canadian enterprise. I can’t tell you more about any of them at this time.”
Addressing his grass roots energy cooperative’s big push to harness more of the reservoir system for local benefit, DCREC CEO and General Manager Greg Starhein said that he has kept his present requests, which the Catskill Watershed Corporation has joined Schumer in writing letters of support for, concentrated on overflow for the moment… and only reservoirs within his company’s membership area. But he added that the hydro system of renewable energy creation he is proposing would be just as usable at other reservoirs throughout the system. Furthermore, Starhein noted that hydro-electric engineering is being developed both here and abroad that would allow for clean turbines harnessing non-filtered aqueduct flows from the city’s vast reservoir system in the coming years.
He added that, barring any major opposition from the city to their request, he envisions having the requested hydro systems up and operating within four years. Combined with new landfill gas release technologies his company has been developing, Delaware County Rural Electrical Cooperative could be well on its way towards majority sustainable energy resources within a decade.
“Residents in the watershed region have been good neighbors and done their part to ensure the high quality of the watershed, which supplies up to 90% of New York’s drinking water. To accommodate this important mandate, the region’s residents have faced flooding issues, limitations on their capacity for economic development and other curtailments to their ways of life,” Schumer wrote in his July 7 letter to Lloyd. “Currently in the watershed system, the water that is released from the Schoharie, Cannonssville, Pepacton and Neversink Reservoirs is left unutilized and offers no economic benefit, either to New York City or to the region. As you know, New York State has made a laudable commitment to have 15% of its energy supply generated from renewable sources. At a time when we are facing record high energy costs, alternative energy sources are a critical component to ensuring the long term success and viability of New York. This unused resource presents an excellent opportunity to develop an inter-regional partnership to develop New York’s renewable sources of energy.”
Schumer’s letter goes on to reference the Cooperative’s filing of a proposal with the Federal Energy Regulatory Commission to generate electricity using proven technology from the drop in elevation associated with the water’s release from the reservoirs.
“The development of hydro plants that convert the release and spillover of water from these reservoirs into a clean sustainable form of energy will provide benefit to the surrounding communities, these same communities that support the watershed,” Schumer says. “The hydro plants are an innovative way to generate power from water released from these reservoirs, while protecting the high quality and quantity of drinking water supplies and making no alterations to the proscribed monitoring of these facilities already under the purview of DEP.”
Schumer’s letter, according to CWC Corporate Counsel Tim Cox, was preceded by a July 3 letter to NYC Deputy Mayor Edward Skyler.
Asked for a response to the Electrical Cooperative’s request, Pardillo stated the City’s official reply as: “We look forward to reviewing it and to further discussing it.”
According to Starhein, the Schumer and CWC letters come after several months of conversation with city officials about the pending hydro hook-up. He said the current plan involves water releases that flow into the Delaware River Basin, which comes under the jurisdiction of its own four-state commission… and is looking at hydro opportunities on its own, according to its website.
He added that although continuous flow with a drop of 140 to 165 feet is best for hydro-electric production, “what makes for an attractive hydro opportunity includes the amounts of water flow, which in the case of some of our reservoirs such as the Schoharie, can be very strong.”
Starhein noted that even with hydro-electrical engineering science advancing fast these days, he didn’t want to push the City too hard with his requests. At least for now.
But is his plan for using reservoir overflow doable for other parts of the reservoir outside of his cooperative’s reach?
We mentioned Jay Ungar and Molly Mason’s dream of achieving energy sustainability at their Ashokan Center once it’s split off from City property that includes the nearby reservoir’s mighty Wastewater Channel, re-opened in recent years when the Schoharie Reservoir was being drained for dam repair work.
“What we look forward to is developing a portfolio of renewable energy sources that would allow us to potentially play a more significant role as an energy provider in the wider region,” Starhein said, noting that as one of 900 rural electrical cooperatives across the country, he’s part of a larger, grass roots movement… and dedicated to helping other rural residents and businesses find sustainable, affordable energy on a non-corporate level.
New York State currently has four rural electric cooperatives, including Delaware County’s, which were created in 1941. The movement stems from a state “Rural Electric Cooperative Law” enacted during the war that permitted farmers to serve electricity to themselves that went national by 1943… . A National Rural Electrical Cooperative Association was formed the next year as a means of helping to overcome World War II shortages of electric construction materials, to obtain insurance coverage for newly constructed rural electric cooperatives, and to mitigate wholesale power problems across the nation.
Today, NRECA has more than 900 member cooperatives serving 40 million people in 47 states. NYSRECA has built up a long-term partnership with the New York Power Authority, the nation’s largest non-federal public power company, but also started a major push towards renewable resources. The Delaware County Association has over 5,000 members in 21 towns… and is open to growth, as well as helping other counties and municipalities set up similar cooperatives on their own.
And yes, Starhein said, he has been talking with Ulster County officials of late. As for his cooperative’s ideals, Starhein referred to a mission statement that focused on taking “pride providing our members quality electric service and being good stewards to our local communities” through member controls giving all equal votes, ”autonomy and independence,” cooperation with other cooperatives, and a concern for community that reflects working, “ for the sustainable development of their communities through policies accepted by their members. Sure, there have been stumbles of late. Starhein said that his cooperative was involved in several initiatives for the development of wind power that ran into significant opposition in a number of Delaware County communities. But that just opened his eyes to the subtleties of energy development these days… and doing it cleanly, in the right places. He feels, for the moment, that harnessing the region’s hydro potential is a key means of moving the Catskills, and eventually entirety of Upstate, past its current economic fears brought on by higher fuel prices. “We’ve got a diamond in the rough here,” he said. “And in our grass roots, cooperative approach, a uniquely homestyle way of doing things new.”

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A Slow Motion Katrina?

A “Home Heating Summit” was held recently at the Ulster County Office Building and attended by local and state officials or their representatives to explore the options available to respond to what many believe will be a very difficult if not catastrophic winter due to the inability of many families to cope with the unprecedented spike in the price of all things related to the cost of petroleum, especially home heating fuels.
Olive Town Councilman Peter Friedel, who was the acting Town of Olive Supervisor at the time due to his being the only Town of Olive councilman not away on vacation, attended the summit and commented that “It was a politicians’ field day with many state and local officials promising to seek remedies to offset the new high prices paid for home heating fuels”.
NY Senator William Larkin said that he would fight to increase allocations made by HEAP (Home Energy Assistance Program) in order to ease the burden on Hudson Valley residents. US Senator Charles Schumer, US Congressman Maurice Hinchey and NY Assemblyman Kevin Cahill all sent representatives to assure the public that they would also seek increases in HEAP funding for the upcoming winter.
Roberto Rodriguez, Ulster County Commissioner of Social Services said that a large part of the solution would be an increase in HEAP funding but that can dry up rapidly. He said that with the increased demand the $5 million dollar allocation could be depleted by December. He said that the larger more serious problem is the huge number of middle and moderate income families that do not meet the eligibility criteria.
Ulster County Administrator Michael Hein said that a group will be established in Ulster County to create a coordinated response to concerns about the increased fuel prices.
Councilman Friedel said that, “This is like a Katrina that we know is coming. It’s about 4 months off but it is indeed coming. In fact, it has already started. I am hearing from my constituents that they simply do not know how they are going to pay $4.50 a gallon for fuel oil when the minimum oil delivery is 150 gallons which can cost up to $750.00.”
He added that one of the heads of the County Social Service Dept. related that when she called an oil company to see how they are dealing with the problem, the fuel company secretary broke down and cried because so many people are calling in an attempt to finance the oil or get a delivery that they cannot afford. Friedel said he wants to form a group of volunteers in Olive to assist in the draining of pipes in homes that run out of fuel with no hope of receiving a fuel delivery so as to avoid catastrophic and costly damage from freeze-ups. He said that ”People will resort to unsafe alternatives in an effort to keep warm which can result in asphyxiation or fire hazards. The fire dept. is very concerned and is expecting an increase in calls this winter.”
He also said “We need to keep a close eye on our seniors and disabled residents as they are the most vulnerable. I would like to see some effort on the part of all households to stock up on food and fuel if possible and also to organize so that everyone has a warm place to go in the case of a fuel outage.”
The problem is serious enough that NY Gov. David Paterson gave a rare televised speech on Tuesday in which he made some very dire predictions about the coming difficulties this winter and about the terrible state of NYS finances.
He said, “These are harsh economic times. When I travel across the state I see communities suffering. Everywhere I go I meet people who are losing their jobs and their homes. I meet families who are forced to pay more for gasoline and for food while their paychecks stay the same. Next winter some of these families will have to choose between heating their homes and feeding their children. The rising cost of health care means that they cannot afford to get sick. The rising cost of education means that parents can no longer prepare for their children to be in the workforce. The damage on Wall Street is affecting all of our communities and its effects on our NYS finances is devastating… Our economic woes are so severe that I wanted to talk to you personally about where we stand… Let me be honest, this situation will get worse before it gets better, but the time to act is now…We can’t wait and hope this problem will resolve itself…I will do everything I can to make sure New York State families will not freeze when it gets cold. New York State families are already making the tough choices. Every time you fill up a tank of gas or go to the supermarket you are learning to do more with less. New Yorkers are prioritizing spending every day.”

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A Jar Of Olives...
One Big World

This week I am whining about the trite, hackneyed, cliché phrases out there that have been used so often that the original meaning has evaporated leaving only hollow sounds behind. Words are the paintbrushes of the mind. When presidents and candidates speak in “sound bites,” I fear that their thoughts might also be as shallow. I could go on and on, and usually do, but I will limit my list, as the late and great George Carlin did, to the dozen phrases that peeve me. Topping the list is: “Thinking outside the box.” Another is: “Twenty-four/seven.” A third is the word “pundits.” Fourth and fifth are current talk show quips: “You go girl” and “Who knew?” Sixth and seventh exploit the common word curve: Industry is “ahead of the curve” and our technology has a “learning curve.” Eight through eleven are phrases I have heard way too often on the six o’clock news: “surge,” “going green,” “alternative energy,” and “pain at the pump.” I’d like some complete sentences and some original thoughts conveyed in the media.
Our media is shaping us rather than the other way around. We are no longer the communicators; we are the receivers of the communication. Usually the NEWS connotes bad news, but lately the commercials for the Olympics fill me with hope rather than “gloom and doom” (which is number twelve). On 08/08/08, a fortuitous combination of numbers, the world starts forgetting its differences and begins an event in which people of all nations cooperate and compete. All economic, political, religious, and social divisions fade as the world watches our best athletes who remind us that we are all just variations on a theme of humanity.
Guaranteed, we will be glued to our television sets watching the events that appeal to us most. Alison Tosi, gymnastic coach, and Sarah Thompson, State medallist, will surely tune in to the gymnastics. Peter Nissen will be following son Greg Nissen’s wife as she, Amanda Clark competes in the Women’s 570: the Two Person Sailing Event. Greg was a former student of mine that I wished I could have cloned. He and wife Amanda live on Shelter Island where Greg is a director at the Quinipet Camp and Retreat, a facility that fosters the love of sailing. Amanda and her sailing partner, Sarah Mergenthaler, have practiced their art in the venue, Qingdao, which has been on the news lately because of the untimely occurrence of algae. Amanda states that they have mastered the “less-than-three-second-goo-check” to clear the blades of the nuisance algae. This sailing duo was invited to have lunch with President and Laura Bush in the rose garden.
As we sit in the comfort of our homes in our AC, or fans, the world will unfold before our eyes. Remember this perspective. Each of those athletes is a real person, like Amanda, who wants the same thing we do. If every person had a job that paid a decent wage, a place to call home, benefits of health treatment, and friends and family, most of the motives for crime and war would be eliminated. We’re not so different, after all, and the great equalizer is education.
Speaking of education, Sarah Stitham, proprietor of REVAMP, was one of two hundred people nationwide, and the only one in Ulster County, to become certified by the National Association of Professional Organizers.
Education is a lifelong endeavor. Check out the senior art class exhibition during the month of August at the Olive Free Library. There will be a reception on August 2 from 3-5 p.m. to meet the artists. Olive’s own Kate McGloughlin will showcase her art work along with those of her students in an exhibit entitled “Sketchbook Fruition” at the Main Gallery of the ASK Arts Center in Kingston during the same time frame. The reception is also on August 2 but from 5-8 p.m. If you time it right, you can see lots of art and “nosh” your way through a Saturday.
The circle of education goes on. Elsie Dibbell passed away this week. She was Mimi McGloughlin’s very good friend and colleague. Heidi La Monda was in her kindergarten class and now teaches other kindergartners in that same classroom in Phoenicia. Sharing love and kindness is a legacy that inspires more of the same.
So, as we watch nations compete, remember that we are also watching the world cooperate. I am reminded of the quote: “And they shall beat their swords into plowshares, and their spears into pruning hooks: nation shall not life up sword against nation, neither shall they learn war any more.” (Isaiah 2:4) Let’s throw the discus, not bombs. Let’s build fewer destroyers and more sailboats.