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Walton Parents Ask BOE To End Sidney Town Clerk Candidate Sees Support Balloon Ban and For Consistent Policy Short Term Operating Expenses Loan Not Needed At Sunday Fundraiser By Allison Collins A crowd came out for a chicken barbecue fundraiser benefiting Republican Sidney Town Clerk candidate Sheila Paul on Sunday, Oct. 20. Throughout the three-hour event, more than 100 supporters stopped at the American Legion Post 183 on Union Street in Sidney, including elected officials Sen. James Seward, R – Milford, Assemblyman Clifford Crouch, R – Bainbridge, and Republican New York State Supreme Court candidates Oliver Blaise and Christopher Baker. Though a dollar amount raised by midday Sunday was not known, Paul said, 135 dinners were prepared. Paul, 56, won the June 25 primary against incumbent Lisa French, who is now running independently on the “Authenticity” party line and has served as town clerk in the 50.6-mile township since 2008. Paul, a Sidney native, said she’s been considering candidacy for more than a year. “About a year and a half ago I was approached by several people in the town to run for this,” she said. “It took me a while, but I thought, ‘What do I have to lose?’ Now, I don’t want to lose. “Sidney is my hometown and I want to give back to the community where I was raised and serve the public,” she continued. “I just want to accommodate the public.” Lisa French, though not at Sunday’s event, said she, too, is
motivated by a desire to serve. “I do it because I care about the people and the town,” she said. The race, Paul noted, became heated following the June primary, with the Town of Sidney Republican Committee declining to endorse its party winner. “I won the Republican primary and then the Sidney Town Republican Committee... said they would not be endorsing me, because they supported Lisa French in the primary,” Paul said. “So I’ve done my general election campaigning by myself and got involved with the Trailblazer Political Action Committee. They’ve been tremendously helpful.” Paul said, despite never having served in an elected position, she feels her professional background has her prepared. “It has come into question and I don’t have the experience that (French) does,” Paul said, “but I’ve dealt with large budgets and banking before. I’ve written computer programs and I want to bring warmth back to the office. I do have 30 years of executive administrative experience in higher education and I’ve been a realtor for 20 years. “My platform is about extending hours and working evenings,” she continued. “I think that will help people, especially during tax time and hunting time, to get to (the office).” French said her experience is “extensive” and the job of town clerk is “constantly evolving.” “I’ve gotten my regional municipal clerk certification and See Sidney Candidate page 3
Farm Bureau Advocates For Restructuring of Delaware County Government 2019 Officers and Directors Elected By Lillian Browne ANDES - There was no change in leadership for Delaware County Farm Bureau following the annual business meeting held on Wednesday, Oct. 16, held at Delaware County FoodWorks+ in Andes.
Serving Delaware County and the Surrounding Areas Since 1881 ———— Delaware County’s Leading News Source
President Duane Martin and Vice-President Barbara Hanselman were reelected to one year terms. Directors Bob and Joyce Bishop, Janet Beken-Smith, Mark Dunau and Nicole Day Gray were elected to two year terms. At the meeting, Delaware County Farm Bureau adopted a resolution supporting the creation of an elected county executive office with a county manager, to run the day-today business of the county. A resolution was also passed supporting the restructuring of Delaware County government from a board of supervisors to a county legislature with 19 districts to function as a policy and oversight body for a county executive. The reason for the recommendations, Martin said, are because the role of county government has changed in the past 25 years See Farm Bureau page 7
Lillian Browne/The Reporter
Kim Jacob asks Walton Central School Board of Education to establish consistent policy regarding balloons at school events at a meeting on Oct. 15. By Lillian Browne WALTON - Walton parents, supported by student athletes, pushed Walton Central School Board of Education members for a reversal of a balloon ban at football games and to establish consistent policy regarding balloon use at a meeting on Oct. 15. Leslie Bowker took BOE mem-
bers to task over the recent banning of a balloon arch, traditionally used at football games, dances and other school events. Bowker said that WCS staff member Justin Preston told parents that a balloon arch is no longer permitted on the football field because there may be people with latex allergies at the game. The balloon ban, however, Bowker said, was really the result
of a latex allergy by a school staff member. “We’re not unsympathetic,” Bowker said, ”But you simply can’t bubble-wrap our school, and to change everything to accommodate a few is ridiculous.” People have to manage their allergies - to strawberries, peanuts, tomatoes, milk, bees, pollen, as well as other issues - outSee Walton Parents Ask page 4
Lawyer-Laden Testimony Refutes Allegations By Delaware County Attorney Day 7 Testimony in DSS Cmmsr Disciplinary Hearing By Lillian Browne
DELHI - Testimony from several lawyers on Monday, Oct. 21 refuted allegations of wrongdoing by Delaware County Social Services Commissioner Dana Scuderi-Hunter, who was suspended from her $95,000+ salaried-position on July 9, just months before the expiration of her 5-year contract by the Delaware County Board of Supervisors, following a vote that took place in executive session. Monday was the seventh day of disciplinary hearing testimony See DSS Commissioner page 9
Lillian Browne/The Reporter
Attorney Lee Hartjen, left, testified against Delaware County regarding allegations of wrongdoing by Social Services Commissioners Dana Scuderi-Hunter, on Oct. 21. Hartjen is pictured with ScuderiHunter’s lawyer Ronald Dunn, outside the Delaware County Public Safety Complex and Jail in Delhi.
Bluestone Is Open: Student-Run Restaurant A Highlight At Delhi College Golf Course By Rosie Cunningham DELHI - SUNY Delhi students will learn every aspect of culinary and hospitality management even experiencing the opening of a new restaurant. Bluestone, a restaurant located the Delhi College Golf Course on Scotch Mountain Road will be run by students and staff of SUNY Delhi. According to Dean of the School of Business and Hospitality Management, David Brower, the eatery will replace Signatures, a student-run restaurant on campus which ran for about 30 years. The official opening of Bluestone took place Oct. 17 and Brower said the restaurant “has been well received.” See Bluestone Is Open page 6
Rosie Cunningham/The Reporter
David Brower, the dean of the School of Business and Hospitality Management, next to the Bluestone bar.
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October 23, 2019
THE REPORTER
Children’s craft night at the Ogden Library on Wednesday, Oct. 23 from 6-7 p.m. They will be painting pumpkins. Library will offer paint, stickers and glue for decorating. Happy 80th birthday to Pat Caffrey who enjoyed a celebration and party with family and friends Sunday. Hope you celebrate many more with your loved ones. Haunted House at the Walton Grange, 135 Stockton Avenue, on Oct. 25 and 26 from 7-9 p.m. Recommended age is 12 and older, under 12 is at discretion of accompanied adults; $5 per person; concession stand. Be prepared to scream! There will be a chicken and biscuit dinner on Friday, Oct. 25 from 5-7 p.m. at the Walton Vets Club to support the Varsity Football Warriors. Come to support our varsity football players and coaches. Payment is by free-will donation. There will be raffles as well. The annual turkey dinner at the First United Methodist Church, 101 North Street, will be Saturday, Oct. 26, from 5-7 p.m. Turkey, mashed potatoes, dressing, gravy, squash, green beans, cranberry sauce, and dinner roll, apple or pumpkin pie and beverages. Tickets available at the door. Adults $11, children 5-12 years old $5 and under 5, free. Take out reservations accepted - call 865-5765 from 9 a.m.-3 p.m. and pick them up between 4-5 p.m. Takeouts requested after dinner is being served may have an extended wait time. Sorry, no delivery. Parking is available in the rear of the building. The dinner will be held downstairs but it is handicapped accessible with a ramp. Trout Creek’s annual “trunk or treat” and hayride on Saturday, Oct. 26 at the Trout Creek Fire Hall from 4-6 p.m. Come out for the fun
or participate by decorating a trunk and handing out candy. There will be a prize for best decorated trunk. The Trout Creek Fire Department will give hayrides. In case of rain the event will be held inside the fire hall. Start your Christmas shopping or just come and treat yourself to handmade items in Trout Creek on Saturday, Nov. 2, from 9 a.m. to 2 p.m. There will be delicious soups and sandwiches, beverages, and warm apple crisp for dessert. Takeout orders welcome. The event will support the Trout Creek Community Group, Trout Creek Community Church bake sale and local vendors at the Trout Creek Fire Hall. There will be more vendors at the Trout Creek one-room schoolhouse just around the corner and a short walking distance from the fire hall. A few spaces are still available at the schoolhouse if interested; $15 a (provided) table for vendors. Message Lynne VanValkenburg if interested. Elijah’s Closet will kick off its Christmas season on Saturday, Nov. 2 from 10 a.m. until 3 p.m. at the First Congregational Church with hundreds of holiday items. My Brother’s Keeper will also be holding its annual pie and quiche sale at the same time. Holiday Hoopla at the Community Living Skills Center (new location - 149 Townsend Street) on Friday, Oct. 25 from 3:30-6 p.m. It’s a Halloween theme this time so wear your costume if you want. Enjoy games, crafts, prizes, refreshments and other activities geared for ages 3-12. Admission is free, but a non-perishable item for the food bank would be appreciated. Enjoy the haunted room, obstacle course, witch’s broom limbo, pumpkin painting, cookie decorat-
CAHPC Completes Rebrand to Helios Care Catskill Area Hospice and Palliative Care (CAHPC) has announced its name change to Helios Care. The organization, which provides expert medical care, symptom management, and emotional and spiritual tailored to the needs of the patient and their families, made the change in order to increase awareness of its
various services. Helios Care provides hospice, palliative care, bereavement and related services to individuals and families in Otsego, Delaware and Schoharie Counties of New York. To learn more about the services and support that Helios Care provides, visit www.helioscare.org.
ing and more. Questions, call 607865-7646. Sponsored by the ARC of Delaware County. Final Booster Club basketball sign-ups for boys and girls in grades 3-6, Thursday, Oct. 24 from 6-7 p.m. at Townsend School in the first floor hallway. On Saturday, Oct. 26, come to Ogden Library for a magic workshop with Charles Cannon. Participants will learn to perform four tricks. Bring a deck of cards and a quarter. Magician’s rope will be provided. Those who would like to are invited to bring a trick you already know to share with the group. This program is best suited for participants ages 8 to adult. The first event for this year’s Operation Christmas Child fundraising will be the second annual chili cook off Oct. 25 from 5 – 7:30 p.m. Free will offering at the door - your donation entitles you to sample each entry (if you dare to try the “hot” entries) and vote for your favorite. There will be cash prizes for first, second and third place as well as a special prize for best spicy and most creative chili. Drinks and cornbread will be provided. New this year will be kid-friendly food, carnival games and prizes. Entries taken until Oct. 18. To register, pay $10 entry fee and go to NewHopeCC45@gmail.com. Entry fees paid out as prize money. The Operation Christmas Child committee has started collecting items for the boxes such as school supplies (small notebooks, pencils, pens, crayons), hygiene items (soap, toothbrush, wash cloth) and a “wow” item like a stuffed animal or toy. Remember, no liquids, war toys or food (including candy) and all items must fit in a shoebox. Items can be left at NHCC. Information about the packing party coming soon. The New Hope Community Church is planning its third annual free roast pork dinner for Veteran’s and their families to thank them for their service. The dinner is for vets
and their families and will be held on Veteran’s Day, Monday, Nov. 11 at 5:30 p.m. at the New Hope Church on Stockton Avenue. Reservations are a must, and can be made by calling Marie Celli at 607464-4187. Veteran’s survivors are welcome to attend to honor their service. The Delaware County Solid Waste Management Facility will host an open house and ‘Trash 2 Cash’ event in partnership with the Delaware County Chamber of Commerce on Saturday, Nov. 9. Tours will go from 10 a.m. through noon at the solid waste facility landfill - 32230 state Highway 10, Walton. The William B. Ogden Free Library offers a library exclusive Country Music: A Film of Ken Burns, Wednesday, Nov. 6, at 6 p.m. The event will involve a screening, live music by area musicians, and a time of discussion. The Townsend and middle school/high school PTA will have the second annual arts and craft fair on Dec. 7. Members are looking for students and/or clubs to make items to sell at the fair. We had students of all ages participate last year and they were very successful. 4-H Clubs, Cub Scouts, Boy Scouts, Girl Scouts, teams, classmates can work together, or do their own thing. Gifts, or just for fun; maybe wreaths, candles, Christmas ornaments, baked goods, jewelry, home décor, whatever is handmade by students. It only costs $5 per table so 100% profit on what is sold. Reserve your space by Nov. 15. The American Legion (AL), The American Legion Auxiliary (ALA) and the Veterans of Foreign War (VFW) are all celebrating 100 years of service to the veterans. There will be a luncheon for the community after the Veteran’s Day parade on November 11 at the Vet’s Club on High Street in Walton. All are welcome to come to eat and see a display.
The American Legion and the VFW are planning to build a memorial walkway for veterans at the club on High Street. Members are selling bluestone pavers including three lines of engraving for name, branch of service and place of service for $75. Forms are available at the Vet’s Club or by mail. Call the Vet’s Club, 865-8094 and give your name and address and a form will be mailed to you, or call Linda Belmont at 865-5179. Checks can be mailed to the Walton Vet’s Club at 10 Park Street. Attn: Memorial Walkway. If you a veteran or have a loved one who has served, the Community Bank is again collecting photos of Waltonians and their families who are veterans for a tribute display at the bank for Veteran’s Day. If you would like to include a photo, bring it to the bank and ask for Janet. Last year students wrote some beautiful thank-yous to vets which were displayed. Community members can write notes too. Let’s show them how much their service means to us. National First Responders Day is Oct. 28. The Walton Scouts are planning a small ceremony to thank them for their service to our community. Part of the thank you are notes and drawings from the community letting them know they are appreciated. To participate, write a note or letter and get it to Jamie Thompson at INKdicted, Jami Aubin at Townsend School or David VanLoan at Alice’s Attic no later than Friday, Oct. 25 so the ceremony can be prepared. Other ideas for the responders are coffee and snacks for the fire hall, or a home-cooked meal to the hall after a call. In Walton, all of our fire personnel and responders are volunteers, so they especially would love (and deserve) a thank you for all the hours they put into training and responding.
Stamford and Roxbury Town Supervisors Set To Retire DELAWARE COUNTY - Other than one town, seventeen supervisor positions in Delaware County will be unopposed for the Nov. 5 election. However, two supervisors Michael Triolo of Stamford and Thomas Hynes of Roxbury, are looking to retire from their posts. Triolo has been the town supervisor for Stamford for 12 years. “I ran the first time to give back to a community which has always been good to us,” he said. The 74 year-old discussed some of his greatest accomplishments as supervisor.
“I was happy when we got that grant for the South Kortright recreational park and it has all come together,” he said. “For all 12 years that I have served, the board has kept taxes under the cap.” He said he will miss interacting with the people in the community and helping individuals solve problems. Resident John Kosier run unopposed as Triolo looks to retire. Kosier is an active Hobart Rotary member, is a part of many community endeavors and is a school bus driver at South Kortright Central School. “He helped build the recreational park, is well liked and active in the community,” said
Triolo of Kosier. “It’s time to pass this position on to someone younger.” Triolo said he hopes to travel more with his wife Carol, and spend more time with his grandson. “I have a hard time sitting still,” he laughed. “I am sure my time will get filled up with something.” Hynes will relinquish his seat as supervisor. However, he will run for a seat as councilman. Hynes (D) is vying for two open positions, along with Edward Raeder (D), Gene Cronk (R) and Joseph Resch, III (R). Kenneth Macker Davie (D) and Allen Hinkley (R), are running for the supervisor seat.
The mission of the Early Intervention Program is to enable Delaware County’s infants and toddlers under the age of three who are disabled, developmentally delayed or at risk for disabil-
ity - and their families - to access an appropriate array of services and supports to maximize his/ her potential within the family and community. The purpose of the Local
Early Intervention Coordinating Council (LEICC) meeting is to oversee the comprehensive, family-centered Early Intervention Program. The LEICC is made up of parents and professionals who consider early intervention issues and advise the local Early Intervention Official as necessary. The meetings are open to the public. The next LEICC meeting is scheduled for Wednesday, Oct. 30, from 10 a.m.-12 noon in the Delaware County Public Health conference room, 99 Main Street, Delhi. Family Resource Network in Oneonta will be in attendance with information on the services offered Delaware County families. Also in attendance will be representatives from Family and Community Engagement Center, Binghamton, to discuss the services offered. Remote access will be available during this LEICC meeting via: https://zoom.us/j/574848106. Contact Kyra Shew or Melissa Thomas for more information at 607-832-5200.
By Rosie Cunningham
Local Early Intervention Coordinating Council To Meet
October 23, 2019
Bikers Benefit Lions...
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THE REPORTER
DelCo Red Support in Walton...
Lillian Browne/The Reporter
Lillian Browne/The Reporter
Delaware County Mountain Eagle Riders Vice President Nate Jamieson, left, presented Walton Lions Club President Bob Vitti with $800 representing proceeds from an early September 100-mile+ poker run, on Thursday, Oct. 18 at Danny’s Restaurant in Walton. The poker run will be an annual event, Jamieson said, to benefit the Walton Lions Club - a community-supportive civic organization which administers several programs for the betterment of its residents. The biker club welcomes new motorcycle enthusiast members. For more information about the club visit its Facebook page or contact any member.
The Delaware County Republican Committee hosted a fundraiser for NYS Assembly incumbent candidates Brian Miller, Clifford Crouch and Chris Tague, who all represent sections of Delaware County, on Wednesday, Oct. 16 at Danny’s Restaurant in Walton. Pictured, from left, 6th Judicial District NYS Supreme Court candidate Chris Baker, Crouch, 6th Judicial District NYS Supreme Court candidate Oliver Blaise, Assemblymen Tague and Miller. Delhi Republican Committee member Jim Thomson introduces incumbent NYS Assemblyman Chris Tague and NYS Supreme Court 6th Judicial District candidates Chris Baker and Oliver Blaise, at a Walton fundraiser on Oct. 16. Also pictured a Walton Republican Committee members Gary Grayson and Delaware County Clerk Debra Goodrich. Tague called for continued support of New York agriculture and President Donald Trump. Lillian Browne/The Reporter
Sidney Candidate... continued from front page
Allison Collins/The Reporter
Republican candidate for Sidney Town Clerk Sheila Paul, left, speaks with Sen. James Seward and Sidney voter and Chamber of Commerce President Teri Schunk at the Oct. 20 fundraiser in Sidney. attended numerous meetings and trainings,” she said. “And I was picked as a director by members of the New York State Town Clerks Association, and I believe I’m the first clerk in Delaware County to ever be picked. “Everything changes on a yearly basis,” French continued. “As far as software and state, federal and local regulations and tax regulations go – those are always changing. (The town clerk’s office) is the hub and everything is funneled through this office; it’s not just town clerk stuff, but code enforcement stuff, stuff for the assessor, planning board stuff and tax collection. It’s the central office open to the public when others are open part time... and it’s not something that you can just come in and pick up from the start. I worked at least six months under the previous clerk and I’m here working the job daily, Monday through Friday from 9 in the morning to 4:30.” In several letters supporting Paul displayed at Sunday’s event, Sidney voters mention missing French during posted town clerk hours or having to visit other municipalities for licensing needs. “I will not say anything negative; that’s just not who I am,” Paul said. “So it’s not me that will change, but it’s time to change things up.” Paul said community members have supported her candidacy. “There’s been a really good response,” she said. “I’ve been walking door to door, which I’m going to continue doing up until the last day, and I’ve had some really positive feelings. I really want to do this and my theory is, ‘go big or go home.’ I am the Republican candidate and I’m on the ballot as a Republican, but I feel like this is not really about a party anymore.”
Attendees, too, expressed their desire for something different. “I think (Paul) is an excellent candidate,” Alison Barnes, 61-year-old Sidney resident and Lisa French’s sister, said. “She wants to make changes and it’s time for a change. I’m supporting the candidate that I think is best for the job.” “The minute I met her, I knew she was really honest and sincere and just has a lot of integrity,” Nicole Wood, of Sidney, said. “She is the only candidate I’ve ever met who goes house-to-house to truly meet and get to know the people she’s serving and I’m looking forward to her making positive changes for the residents
of Sidney.” Gerry Ruestow, 70, of Sidney Center, extolled Paul’s “good background” and “flexibility.” “There’s a lot of support on both sides,” he said, “and the incumbent always has an advantage, but I think we can do better, and I just think it’s time for a change.” Area representatives said, while not town of Sidney voters, they attended Sunday’s event to lend party support. “Sheila Paul won the primary fair and square,” Sen. Seward said. “She is the Republican candidate and I’m happy to be here supporting her.” “I’m just here to support the Republican candidate,” Assemblyman Crouch echoed. “I like Lisa, but the purpose of a primary is to determine a Republican candidate, and (Paul) is the candidate the people of Sidney want to see.” For more information on the candidates, find “Sheila for Sidney Town Clerk” or “Re-elect Lisa French Sidney Town Clerk” on Facebook. Polls will be open from 6 a.m. to 9 p.m. on Tuesday, Nov. 5, with early voting beginning Oct. 26. Residents of Districts 1 and 3 should cast their votes in Sidney Center and voters from Districts 2, 4, 5, 6 and 7 vote in Sidney.
Contributed Photo
CCE of Del. Co. Agent Celebrated
Rich Toebe of Cornell Cooperative Extension of Delaware County received the achievement award from the National Association of County Agriculture Agents (NACAA) during the 2019 annual Meeting and Professional Improvement Conference in Fort Wayne, Ind., on Oct. 7. Toebe was one of several honorees who represent the top one percent of the membership selected by their peers and the director of extension. He is pictured here receiving his award from NACAA President Richard Fechter and Erin Bain, Special Risk Division of American Income Life, the sponsor for the NACAA award.
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Colchester Moves Forward With Downsville Water Improvements By Vicky Klukkert
The Colchester Town Board voted to go ahead with improvements to the Downsville Water District (DWD) after everyone in attendance raised their hands in favor of the improvements during a public hearing Oct. 16. Colchester Town Supervisor Art Merrill answered questions about the project during the public hearing. “How much is budgeted?” asked Ruth Wilhowsky. “None,” answered Merrill. “Part is a grant and part will be bonded.” “Will you start putting meters in where there are none or are broken?” asked Brian Murphy. “That’s not part of this project,” answered Merrill. “We hope to do that down the road.” The total for the project is not to exceed $463,476. The town received a $191,000 grant from the state and the rest will be raised by taking out serial bonds. The town will contract out to construct of a new water filtration plant to be able to use the existing spring source instead of the well currently in use, install a raw water tank, and buy the furnishings, equipment, machinery and apparatus required for the plant. The plant is expected to be in use for 40 years. “That’s good,” said Murphy, “The water is horrible.” Richard Wakeman of Sidney was the low bidder for the project. He was able to keep the bid lower than the other bidders even with an increase of $14,044 in electrical components a vendor has requested. “This is great, we can finally get working on it,” said Merrill after the board voted 5-0 to approve the project. In other business, Wilhowsky asked why the town was buying a new police vehicle and wanted an update on the town hall/police station project. Merrill explained that the town cycles out its police cars every four years, so that every two years it purchases a new vehicle, and that the car can take six to eight months to be delivered, so the town voted in favor of its purchase at the last meeting. He said that the town hall project was on hold. Later in the meeting Merrill
said that he increased the police equipment line to $40,000 in the 2020 budget to reflect the purchase of the police vehicle. Merrill announced that the preliminary 2020 budget is complete and is in the town clerk’s office for review. The budget increased 2.841% over last year, and stays within the 2% tax cap requirement by the state. The board voted to hold a public hearing on the budget at the Nov. 6 meeting. The board accepted its only bid for fuel oil and propane, which was given by Mirabito. The board chose to do the fixed bid, which was 30 cents cheaper than last year for fuel oil and kerosene and 18 cents lower for propane. The board renewed its health insurance contract with Excellus Blue Cross Blue Shield. The board appointed Darlene Beers as clerk under Town Clerk Julie Townsend. Councilwoman Janet Champlin discussed the senior meal program at the Downsville Fire Hall, which takes place once a week. “We had another evening meal last week and served 70 seniors,” said Champlin. “They started coming at 3 to socialize. We’re going to have a Christmas meal on Dec. 11.” In addition to the congregate meal once a week, 19 seniors receive home-delivered meals once a week. Councilwoman Julie Markert asked if the town could help the Colchester Community Church restore its steeple. “I would love it if we could help preserve it,” said Markert. “It’s a historical building in our community.” Champlin said that the church is short $20,000. “I don’t know if we can, with separation of church and state,” answered Merrill. “Maybe we can donate to the historical society and they can give it to them.” Board members decided to form a committee to make rules for the town’s transfer station, so that rules could be enforcement. It was recently revealed that some second homeowners were bringing construction and demolition materials to the transfer station, which costs the town money, instead of using the county landfill in Walton.
The
Bramley Insurance Agency
October 23, 2019
The Reporter
Walton Parents Ask... continued from front page side of school and school events, Bowker continued. Latex gloves are used in the school’s health office and cafeteria, she continued. “Walton in no way is a latex-free campus,” Bowker said. Despite being told twice that the balloon arch was prohibited at football games, Bowker said the decision was made to use the balloon arch during the homecoming weekend football game after seeing a balloon arch was used during the boys soccer team senior recognition event on social media posts. Preston coaches the boys soccer team, Bowker told board members. Preston and staff member Art Loomis told Bowker to remove the balloon arch from the field because there was a concern that a Harpursville football player could brush against a balloon “and have an issue.” “We were yelled at, berated and told we could be made to leave our kids’ game,” Bowker said. The balloon arch was removed from the field after the Walton team ran onto the field, she said. Later that evening, at the homecoming dance in the school gym, a balloon arch was present
as part of the decoration for the event. Preston and Loomis chaperoned the dance, Bowker told board members, “So there is no way that they did not know about the gym decor,” she said. Many of the students brought guests from other schools to the dance, Bowker said. “I have to believe this has nothing to do with the safety and health of our students. But, instead, is an attempt to quiet the over-dramatic and attentionseeking antics of a fellow staff member,” Bowker said. The football supporters feel singled-out, she said, and requested a reversal of the ban. On Friday, Oct. 18, Superintendent Larry Thomas granted permission for the use of a balloon arch at football games and other events, noting that students, athletes or others who have a latex allergy should not handle the balloons. In other business before the board: • Business Manager Meg Hungerford announced that the $750,000 tax anticipation loan previously approved by the board member was unnecessary and unused. The board’s approval of
the loan, she said, was responsible fiscal decision making. • A request from students to begin winter/indoor track and cheer leading programs was denied following a recommendation from Thomas, who told board members that there are expenses and other planning issues associated with team creation, and it is not reasonable to start new programs mid-budget year. “Part of my concern is that we might be spiraling to a place financially where we would not like to be later on in the school year,” Thomas said. Proposals for anything that impacts the budget or planning should be proposed to the board of education by Dec. 31 for the following school year. • Charging admission for certain sporting events will continue through the end of this school year, Thomas said, because admission fees are a planned revenue stream that was factored into the budget. Charging admission fees for sporting events will be reconsidered at upcoming budget planning workshops. The next regularly scheduled meeting of the Walton Central School Board of Education will take place on Nov. 5 at 6 p.m.
DelCo Reps Push for Public Transit
Lillian Browne/The Reporter
Delaware County representatives, from left, Delaware County Planning Board and Hancock Planning Board member Travis O’Dell, Catskill Opioid Coalition and Middletown Council member Julia Reichel, Delaware County Chamber of Commerce President Ray Pucci, Creating Healthy Schools and Communities member Maureen Blanchard, Cornell Cooperative Extension of Delaware County representative Jeanne Darling and Mountainside Residential Care Center Administrator Christopher Esola, attended the annual Catskills Local Government Day to address rural transportation challenges and solutions. By Lillian Browne HUNTER - Delaware County, one of two New York counties lacking public transit (Hamilton County is the other), was well represented at the 2019 Catskills Local Government Day, sponsored by the Catskill Watershed Corporation, in Hunter, on Oct. 18, to learn about the challenges and solution associated with establishing public transportation system. Among the speakers were New York State Department of Transportation (NYSDOT) Chief of Staff Todd Westhuis who provided the keynote address detailing what the department’s approach has been to service major transportation arteries, roads and bridges, to deliver people, products and services to the region’s rural communities which are situated in a protected landscape. DOT’s focus in the Catskill region, Westhuis said, was to be mindful of natural resources and community relationships. “We need to think beyond regulations for sustainability,” Westhuis said. Westhuis was joined by Peter Manning, a municipal planner, who detailed the Catskill Park Wayfinder Sign project and how it relates to branding of the park and ease of tourism navigation. The project, Manning said, was a catalyst for inter municipal cooperation and inspired diversified conversation and the building blocks of advancement of the Catskill Park. Three different tracks of discussion focused on moving visitors, moving residents and connecting with commerce. Conversations regarding pedestrian activity to support shopping, dining and other spending was led by Maureen Blanchard,
project director of Creating Healthy Streets and Communities, who used the village of Delhi as a model community for walkability and connecting people to businesses. Delhi does many things right, Blanchard said, in having wellmarked crosswalks with crossing guards, parking lots, and being a pedestrian-friendly community with a score of 41 out of 100 points in a walkability study conducted with DOT, which Blanchard said is good for a rural area. Safety is a barrier to pedestrian-friendliness, Blanchard continued. Most roads are not designed for posted speeds. Walking and hiking trails are an asset to communities, and Delhi has several, including two on municipal property - the school and the town - and one on private property at O’Connor Hospital. The villages of Walton and Hobart are also making strides in getting people, visitors and residents alike, onto their main streets and into their businesses. Walton has, over the past few years, engaged its community in participating and creating outdoor art projects - like murals and the Walton Art Walk. Hobart has recently received grant money to place signage on the Catskill Scenic Trail - a 26 mile walking path that extends from Bloomville to Roxbury - to get recreationists from the trail onto Main Street. Webb Supervisor Robert Moore spoke extensively about a seasonal model for public transit that has worked well in Old Forge; using, in part, Smart Growth grants to fund a shuttle system. The successful and expanding public transit model used in Old
Forge was a collaborative effort spearheaded by a private bus company who created a proposal for ridership, routes and runs, using two 17-passenger units outfitted with wheelchair lifts and storage. When the public transit program launched in 2015, there were 1,800 passengers over 44 operating days, at a cost $32 per passenger. In 2018, there were 4,800 riders and costs were reduced to $17 per passenger. The project required investment from the county and the communities it serves. The figures were encouraging, Moore said, as comparable communities were reporting costs of $108 per passenger. Bus or shuttle drivers tallied the passenger count noting that resident ridership times and preferences differed from those of tourists or visitors. Going forward, he said, a balanced model will be utilized. Rider feedback over the past couple of years has motivated the shuttle bus line to add bicycle racks. Before starting a public transit line, Moore recommended that a municipality establish objectives such as community to community connections. Collaborating with other communities and counties, Moore said, will make grant funding applications more attractive. A 10-year old public transit-need-study completed for Delaware County is outdated, Delaware County Chamber of Commerce President Ray Pucci said. “Public transportation is something that the business community has told us is lacking and is a major barrier to the sustainability and growth of their businesses,” Pucci said.
October 23, 2019
5
THE REPORTER
Weather Words With Frank Ward
Erica Cantwell in front of her studio on Meredith Street.
Rosie Cunningham/The Reporter
Family’s Delhi Gas Station Re-purposed Into Pottery Studio
By Rosie Cunningham DELHI - Delhi resident Erica Cantwell has a passion for pottery and that passion is being fostered close to her home and heart. The 27-year-old featured Elsea Ware in her studio opening which displayed her pottery making chops. Cantwell’s located on Meredith Street in Delhi built in 1935 and was once a gas station and owned by Erica’s great-greatgrandfather. Her great-grandfather operated the family business until 1969. The building has been vacant since. Cantwell said the structure was “down to the studs.” Renovation with her father and fiancé began last October. New wiring, a bathroom and plumbing were some of the challenges met in the new space. Original woodwork has been salvaged and signs from the original Cantwell business decorated the walls. “I’ve been in here since December,” she said. “It is so nice
to have a space which is separate and not at home.” Cantell is a Hartwick College graduate with a major in art and concentration in ceramics. “I started in high school - I took a pottery class,” she said. “I consistently work on pieces and am working on new concepts. I do hanging planters and use different materials for the handle.”
Cantwell works full time at Stone & Sawyer owned by Julian Peploe. “What I do there is separate we do slip casting and molds and here, I work on the wheel - it’s a nice balance.” Cantwell will open her doors on Small Business Saturday Nov. 30.
Rosie Cunningham/The Reporter
Erica Cantwell, Delhi, displayed some of her handmade items which are for sale.
Margaretville Tries For $5 Million In Funds By Jesse Hilson The Margaretville village board authorized an attempt to acquire $5 million in revitalization funds from New York state for the village, and passed a local law designed to regulate short-term or “transient” rentals within the village at its Oct. 15 meeting. The MARK Project, a local organization based in Arkville which aims to help municipalities get funding from the state, was represented at the meeting by Executive Director Peg Ellsworth. Ellsworth had brought a resolution to the village board’s attention that would allow the MARK Project to apply for revitalization funds from the New York State Upstate Revitalization Initiative (URI), in what was called a “Small Town Downtown” - a term introduced by Ellsworth program. The URI was an award of $500 million to the Southern Tier during a competitive grant round of all the Upstate Regional Councils in December of 2015, to which municipalities could apply for money. The application as outlined by Ellsworth was designed to be part of a joint application in tandem with Roxbury, who Ellsworth said passed a similar resolution the night before. The total
amount of revitalization funds sought for both municipalities is $10 million. Roxbury and Margaretville would each receiving $5 million. The MARK Project saw a previous attempt to get revitalization money from the state for the two locations fail. Ellsworth characterized such rejections as ways of opening the door for more discussion about rural aid. “The state could do more for rural main streets, not just Ithaca and Watkins Glen,” Ellsworth said. Ellsworth told the village board that she envisioned such joint applications as clearing the path for other pairs of towns to apply for funds together, giving examples of Fleischmanns and Arkville, or Andes and Bovina, or Delhi and Franklin. Ellsworth admitted that the Roxbury-Margaretville application might be a long shot but it was “worth a try.” The village board passed a resolution authorizing and endorsing the MARK Project’s efforts. After the resolution was passed trustee Iris Mead said it was likely nothing would happen this year and Ellsworth agreed. Months after the topic was introduced by Kent Brown of the Margaretville Planning Board, and weeks after a published hearing on the situation, Local
Law 1 of 2019 was put in place with rules and parameters for transient rentals within the village. Transient rentals in this case were being put forward as rentals where the owners of the property are not present and renters are independent, such as with Airbnb. Local Law 1 passed with one opposing vote from trustee Jeff Warren, who said he was opposed to the rule that required information about owners to be posted on the outside of the building. “I’m not agreeable to that,” Warren said. Trustee Mead brought up some other sources of concern, including the local law’s stipulation that each of the transient rental properties within the village have its own parking space, the workload that the code enforcement officer would have inspecting and ensuring transient rentals were in compliance, and cost concerns if there was a lawsuit. Referring to the complaints about overcrowding and over parking, Mayor John Hubbell said this law was “the only way to control it.” The local law was passed and a “negative declaration” was signed saying that it had no impact on the environment. The law will not go into effect until Jan. 1, 2020.
Weather Summary For Oct. 14 - Oct. 20 And The Week’s Prediction Well, it was an interesting week. The beginning had temperatures in the mid to uppers 60s, way above normal, with 67 degrees being the highest. Normal for us now is low to mid 50s - and then it became rather damp, a storm moved in and lasted two and a half days, producing 3.07 inches of rain. This put us way over for October and there is still 11 days left. As of Sunday, the 20th we have 5.57 inches of rain. Normal for all of October is 3.38 inches. We made up for all of the shortage in June, July, August and September in one storm. After that is became very cold - 28, 29, 32. Parts of the Adirondacks received snow flurries. For this week the next rain is Tuesday into Wednesday morning. Starting Wednesday night keep nighttime temperatures in the 30s, the daytime will be 50s - believe it or not that’s now normal. We’ll keep an eye toward the end of the month. Prediction is above normal precipitation. For peope who are not 20-30 yearers, we’ve had snow three times for Halloween - 7.6 inches, 5.2 inches and 3 inches. We’ll see. Remember, for announcements call 607-865-7837, email 740fmw@gmail.com or mail 740 Lower Third Brook, Walton. Call The Reporter to sponsor Frank Ward’s Weather Words or to subscribe - 607-464-4009.
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General Election Set For Nov. 5 A press release issued by the Delaware County Board of Elections Republican Deputy Commissioner Robin Alger, conveys the following information regarding the General Election on Tuesday, Nov. 5. Polls will be open from 6 a.m. to 9 p.m. Offices For Election: Supreme Court Justice, most town offices and the town of Franklin has a local option for towns, Question 2. Restaurant alcoholic beverage license. Anyone physically disabled, or persons not able to be in Delaware County on Election Day are eligible to vote by applying for an absentee ballot. Oct. 29 is the last day an absentee ballot application may be mailed to the Delaware County Board of Elections. Nov. 4 is the last day to apply in person for an absentee ballot and the last day to postmark a completed ballot to the Delaware
County Board of Elections. Nov. 5 is the last day for a ballot to be delivered by agent to the Delaware County Board of Elections. The Delaware County Board of Elections office will be open on Wednesday, Oct. 23 from 8:30 a.m. until 7 p.m. for absentee voting. Early voting will be possible at the Delaware County Board of Elections office from Oct. 26 through Nov. 3. Phone the Delaware County Board of Elections at 607-8325321 with questions, or stop at the Delaware County Board of Elections office, 3 Gallant Avenue, Delhi, Monday through Friday, 8:30 a.m. to 4 p.m. Voters can view sample ballots at the Delaware County Board of Elections website: www. co.delaware.ny.us/departments/ elec/elec.htm.
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October 23, 2019
The Reporter
Helping Out the Farmers
Bluestone is Open... continued from front page
Dan Flanagan/The Reporter
A helicopter from New Hampshire-based JBI Helicopter Services is shown on one of its many passes over cornfields at the Moriarty Farm in New Kingston. The fields are farmed by Jim and Joyce Gray of NelJean Farm, participants in a program run by the Watershed Agricultural Council. The program seeds cornfields with winter rye grass - a cover crop which has three benefits: it saves time, puts nitrogen back into the soil, or can be harvested as a feed crop. There were 660 pounds of seed in each bag distributed. The program also seeded numerous other farms in the watershed region. John Lamport of Hobart also participates in the program and said it is truly beneficial particularly in bringing back organic matter and adding nitrogen to the soil.
Delhi Hires Two New Officers, DCEC Discusses Upcoming Move and MOA By Rosie Cunningham DELHI - Delaware County Electric Cooperative, Inc., discussed the business’ upcoming move and memorandum of agreement (MOA) with the village of Delhi on Monday night. Delaware County Electric Cooperative (the Cooperative) and CE Kiff Inc. (Kiff) announced on Aug. 30 of 2018 that both companies are planning headquarters facility upgrade projects to begin in 2019. DCEC purchased Kiff ’s headquarters at 5 1/2 Depot Street in Delhi and look to vacate their current Elm Street offices. The plan is for DCEC to sell the Elm Street property. The Cooperative will consolidate its headquarters on their expanded footprint on Depot Street. Kiff will continue all the services currently offered at the County Tire business as well as the oil and propane business at the new consolidated business location on Route 28. The Cooperative and Kiff will make investments in their headquarters facilities. Kiff has constructed an additional building at the County Tire property. Ryan Sullivan of DCEC was present at the board meeting and presented the board with an
MOA. According to Delhi Village Deputy Mayor Chris Maney, who led the meeting in the absence of Mayor Richard Maxey, the MOA is necessary because some of the work regarding the DCEC structure has to happen on village property. “We have to make an agreement to allow that because it involves village property and will need to meet codes and standards, and DCEC is taking on all of the costs and it won’t cost the village anything.” Maney pointed out two of the most important aspects in the MOA involves drainage systems around the Depot Street location. A village waterline will have to be moved in preparation of construction and again, Maney pointed out that DCEC will “bear all costs.” The MOA was approved, barring the village attorney’s review. “As long as he blesses it one more time, we are good with it,” said Maney. The board approved two parttime village police officers - Ian Sansone and Logan Wood. In other business, the board moved forward with a proposal from Oneonta Fence for $860 for a gate at the village basketball court for added safety.
The seating area at Bluestone restaurant can accommodate up to 80 diners. “We had quite a few walk-ins, as well as reservations,” he said. “The restaurant has been two years in the works.” Brower said that hospitality management and CADI are working together. “We broke ground in January and we’ve worked through trial runs and soft openings,” he said. “This level of experience will provide service to the kids.” The menu is a collaboration between the faculty and CADI and offers pub classics and “signature features.” A variety of salads are on the menu, as well as the catch of the day. On Thursday, diners enjoyed pappardelle bolognese, pan roasted chicken breast, a beef duo as well as the Bluestone burger, to name a few. Individuals from the SUNY Delhi Architecture program were involved in creating the original designs for the restaurant, an architecture firm finalized the plans and Eastman’s out of Oneonta implemented the plans. “It’s a rotational program,” said Brower. “The students in the front of the house tonight, will rotate into the back of the house tomorrow.” A high ceiling and many windows to display the woodland view were constructed and blend in beautifully with the restaurant as well. “This is the dining space,”
Brower said. “We will host events for up to about 80 people... this is all timber frame construction. It turned out nice - the kids are excited about this venture, but nervous. I tell them ‘This is a big deal, you’re part of the launch team.’” Brower noted that all of the tips to the wait staff will go toward
Rosie Cunningham/The Reporter
hospitality scholarships. The eatery is open Tuesdays and Thursdays for lunch from 11 a.m. to 1:30 p.m., as well as Thursday to Saturday for dinner from 5 to 9 p.m. In addition, there will be a Sunday brunch. For more information, visit Bluestone on Facebook.
Rosie Cunningham/The Reporter
SUNY Delhi students and faculty were working hard during dinner hours on Thursday, Oct. 17.
Bluestone Opening...
Lillian Browne/The Reporter
Delaware County Chamber of Commerce President Ray Pucci welcomed SUNY Delhi culinary and hospitality students at the newly-opened Bluestone restaurant at the College Golf Course at SUNY Delhi on Scotch Mountain Road in Delhi. Pucci is pictured here with SUNY Delhi culinary students Antanaja Moore, Demetrius Delacruz, Lateefa Martin, Sam Blanket and Joel Seymour and SUNY Delhi department head Dr. David Brower.
October 23, 2019
Hollow Bones
The Reporter
Raising Awareness of Threatened Birds
Lillian Browne/The Reporter
Block-print bird flags, created by community members at a summer workshop, will be on display. By Lillian Browne WALTON - A three year Walton resident by way of London, Caroline Fay, who is also a realist painter currently working with a monochromatic palette, will showcase four signature pieces alongside art created by workshops students, at an exhibit titled “Hollow Bones,” at the Walton Theatre beginning Nov. 2. The show, and its components, which consist of bird-mask displays, bird nests, block-print bird flags and water color studies of birds by workshop participants created throughout summer 2018, will be used to raise awareness of threatened birds. Fay has been painting endangered species for a number of years, she said, and choose the threatened bird project to focus on something a little closer to home. Frequently seeing raptors in Delaware County - eagles, hawks and vultures - and having a love of birds, she chose the theme and ensuing project. “They are very symbolic,” she said. She applied for and received a Roxbury Arts Group Decentralization Grant as an individual artist for a community based project. The collaborative art project was inspired by her desire to focus on local bird species and specifically, those that are threatened. Her favorite local species are the American kestrel and the short-eared owl, and her small body of work - her statement pieces - are a selection of drawings and paintings. To go deeper into the project, Fay conducted self-guided re-
Farm Bureau...
7
continued from front page There is a general consensus among Farm Bureau members that county operations are “just too much” for part-time supervisors. County management should be separate from town management. “The positions should not be combined,” Martin said. “There should be a separation of power.” A county manager, Martin continued, should also be directly responsible to county taxpayers - not the board of supervisors. Despite the ask, Martin said, members feel as though the board of supervisors have done a good job in managing the county. In his President’s address, Martin said Delaware County Farm Bureau has spent much of the year introducing itself to local elected officials. A joint meeting of the Delaware County Chamber of Commerce, Delaware County Economic Development, Cornell Cooperative Extension of Delaware County, NYS Maple Producers Association and Watershed Agricultural Council was held to welcome newly elected Senator Jen Metzger who was also appointed as the state’s agriculture committee chairperson. Martin praised Metzger for holding public hearings on the Farm Workers Labor Bill, though he did not consider the law, as passed, a good one. He also praised freshman Congressman Antonio Delgado for the passage of a farm bankrupt-
cy restructuring bill and is close to passing a tax deduction bill which will allow a self-employed farmer or business owner to fully deduct health insurance premiums on their income taxes. He criticized the anti-meat agenda and Green New Deal proposal by Alexandria OcasioCortez as a threat to rural residents and farmers; and meatless Mondays and the chocolate milk ban in public schools in New York City as proposed by Mayor Bill de Blasio. New York Farm Bureau Field Advisor Todd Heyn praised Delaware County Farm Bureau for being the only county in the district to meet its membership goals for 2019. Delaware County Farm Bureau also supports Delaware County funding an agricultural economic development specialist through the Delaware County Industrial Development Agency and Economic Development as well as the two agencies/departments collaborating to develop a comprehensive Delaware County Dairy Industry Agency, which would include input from farmers, milk processors, farm service industry, Farm Bureau, Cooperative Extension and the Watershed Agricultural Council. “We need to do something to save what’s left of Delaware County’s dairy industry,” Martin said.
Trout Creek Fire Department Recipient Of $5,325 After DTC Meet And Greet Delhi Telephone Company (DTC) sponsored a meet & greet at the Trout Creek Fire Hall Saturday, Sept. 21. Trout Creek residents were invited to enjoy a free lunch and learn about the fiber optic services now available in their area. The meet & greet offered residents the opportunity to sign up for DTC services in person with a customer service representative. For each Trout Creek resident Lillian Browne/The Reporter
Caroline Fay, owner of Big Little Art Studio in Walton, readies for an art show and exhibit featuring endangered or threatened birds, at her North Street studio. search with Delaware and Otsego Audubon Society and Cornell University’s Ornithology Lab. Takeaways from the collaborative project, Fay said, are a further love and passion for birds and developing a second phase for the art project. She is hoping that the art project will spread awareness about the environment, while making a difference in the community by bringing people together through a common cause. The show is so-named, she
said, because bird bones are hollow and are symbolic of loss of bird habitat. Hollow Bones will open at the second floor parlor at the Walton Theatre, Gardiner Place, Walton, on Nov. 2. For more information about events at the Walton Theatre visit waltontheatre.org. For more information about Fay visit carolinefayart.com.
that signed up for new services between July 22 and Sept. 21, DTC donated $25 to the Trout Creek Fire Department, resulting in a total donation of $5,325. DTC plans to continue the meet & greets in other municipalities once the fiber service is complete. For more information about fiber optics in your area, contact DTC at 607-746-1500 or visit www.delhitel.com.
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Adult workshop participants will have their watercolor studies exhibited at ‘Hollow Bones’ at the Walton Theatre Nov. 2 - 29.
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The Reporter
3 Vie for 2 Delhi Council Seats By Lillian Browne
DELHI - Three candidates are vying for two open Delhi Council seats in the upcoming general election. Early voting begins on Oct. 26, though Election Day is Nov. 5. Bill Cairns, incumbent, Republican, is seeking reelection along with Republican challenger Tom Little and Democratic challenger Christina Viafore. The Reporter asked the candidates: Why are you running for office? BC: I am seeking reelection to the Delhi Town Council for two reasons: The first is the reason why I ran before; I care about Delhi and want to see it continue to grow and succeed. The second reason is that I want to continue to work on projects that I’m currently involved in for the town. CV: I want to help Delhi succeed - plain and simple. I am already serving our community through my involvement in numerous non-profit organizations, so serving Delhi through our local government is the next natural step for me. TL: I have lived in Delhi for 24 years. I have built a strong community connection to the residents here and have a true desire to serve them. What qualifies you to hold this position? BC: I have been the manager of Curtis Lumber for 20 years and am used to developing and adhering to annual budgets, and I also am excellent at listening to people’s concerns and trying to help them find solutions. CV: As Director of Human Resources & Marketing for CADI at SUNY Delhi, Vice President of the Greater Delhi Area Chamber of Commerce, and through my weekly Delhi news column in The Reporter, I have a finger on the pulse of Delhi. Over the years, and through my service with various Delhi organizations, I have made broad and far-reaching connections that have made me the “goto” person for a lot of people in our community. My particular skill set includes training in the technique of Lean Six Sigma (a method that provides organizations tools to improve the capability of their business processes), a love of problem solving, the ability to run organizations, organize large events (The Delaware County Relay For Life, Delhi’s annual Har-
Bill Cairns
Contributed Photo
vest Festival), and connect people with available resources. I want to put my unique skills to work for Delhi’s Town Council. TL: I have been a member of Council previously for four years and also a member of the Town of Delhi Zoning Board of Appeals for 15 years. I’ve held leadership roles in my church (First Presbyterian) and on a state level in the Masonic Lodge. What do you hope to accomplish if elected? BC: There are many things. Among the most important to me are seeing the completion of our highway improvement plan, getting our town to the point where we are able to stay under the governor’s tax cap and continuing to look for sensible ways to provide services to our taxpayers. CV: I am committed to making Delhi a vibrant and successful community - and communication and efficiency are both key to achieving that goal. I want to work on connecting residents with resources and increasing our local government’s efficiencies. TL: I would hope to improve the road system and equipment to make it safe for everyone traveling on our roads. We have a dedicated crew that work very hard for us in some of the worst conditions. I’d like to help them make our roads as safe as possible throughout the year. Without well maintained roads everything from tourism to the school system will break down. What are two of the largest challenges facing Delhi, from your perspective, and what, if any solutions do you propose to address those challenges? BC: One big challenge that we are facing is providing EMS service consistently. Currently, we are struggling to handle the vol-
Christina Viafore
ume of calls and with the shortage of volunteers it will only get worse. I have been working with a small committee this year including town and village officials, as well as elected officials from Hamden and Walton and the Delaware County Department of Emergency Services. We have been studying the costs involved with providing paid EMS as well as looking at the best scenario financially for doing it. Another big challenge we face is eroding tax base. Between the City and Delaware County we continue to lose taxable property in our town. In addition, many of our young people graduate, go to college, and then leave the area. We have to find ways to reverse course, and bring more residents as well as business to our town. I have spoken with the town supervisor, and considered whether we could offer a tax incentive to families who were interested in purchasing a primary residence in our town as a way of attracting permanent residents. CV: Communication and Cooperation. Delhi’s joint comprehensive plan highlights the challenges Delhi faces and provides guidance to ensure that the needs of the community are met. It sets forth priorities that rose to the top as a result of a community survey, then outlines action items to implement the goals. While there has been a great deal of progress over the last 10 years, I feel that Goal A, Communication and Cooperation, needs more attention. In this day and age, there are many ways to connect with the public and I want to increase the ways the town communicates to include email and social media. I will work to keep residents informed about our accomplishments over the last year and what they can expect in the year to come. There
EVERY MORNING MY HUMAN SHAVES OFF HIS FACE FUR, HE’S FUNNY LIKE THAT. —TUCK adopted 05-04-11
Contributed Photo
Tom Little
Contributed Photo
is always room for more cooperation between the town, the village, local businesses, and organizations. Cooperation will lead to efficiencies and efficiency saves money. With the development of a new comprehensive plan around the corner, it is imperative that we work together toward the common goal of protection, enhancement, growth, and development of our community. TL: Flooding continues to be a main concern, and New York City’s Land Acquisition Program. We need to work with Delaware County Soil & Water to help residents prevent any further damage and help reduce insurance costs. I am a member of the Delhi Flood Commission and the flood plain administer for the village of Delhi. I am also a member of Delaware County Soil & Water Planned Action Committee which helps in the funding of flood related projects. The Land Acquisition Program needs total county involvement. What are Delhi’s largest assets and how can the town council capitalize on them? BC: We have many assets; obviously we have SUNY Delhi and Delaware Academy which are both large employers. I have heard many times about teachers and staff of both places who found jobs elsewhere due to a lack of affordable housing here in Delhi. We really need to get this figured out sooner than later, and put together a solid plan for more housing options. One of our other assets is the natural beauty of the area. We can capitalize on this by adding infrastructure, but only if we can increase our full time population. Many of our residents are stretched to the maximum now and it’s hard to increase taxes to pay for things that they may or may not use. The solution is to in-
October 23, 2019
crease our numbers to help share the load. CV: Delhi’s largest assets are our local businesses (both big and small) and our fine schools. We are fortunate to have O’Connor Hospital, Delaware Academy, SUNY Delhi, and numerous industries, farms and small local businesses in our town. We need to work together to ensure their success! The housing study being done is one important step because the employees of these businesses need affordable places to live. I would be thrilled to be a part of the team that analyzes and executes the results of this study. TL: Delhi is a very prosperous town. New and expanded businesses make Delhi a attractive destination. The village is the same, with very few empty store fronts. Why should voters vote for you? BC: I hope that voters will vote for me so that I can continue to work for the best interests of the town and its residents. I serve the community in many different capacities currently, including being the 1st assistant chief of the fire department as well as being a member of the town council and I feel that my knowledge and experience will continue to be a great benefit to our residents. CV: Anyone who knows me knows that I love Delhi. And voters can rest assured that I will get things done. My work and volunteer experience combined with my ability to leverage available resources and connections would make me an asset to Delhi’s Town Council. Voters can count on me to put Delhi first. TL: I’ve shown this by volunteering for hospice and YMCA fundraiser events, as well as going and doing hurricane recovery and assistance in four major events. I thank you for your support. Running unopposed in Delhi are: Republicans Mark Tuthill for supervisor; Elsa Schmitz for town clerk; Joe Gifford and James Cocoran for assessor (two positions available), and Daren Evans for highway supervisor. Early voting will take place at the Delaware County Board of Election, 3 Gallant Avenue, Delhi, on Oct. 26 from 9 a.m. - 2 p.m. For a listing of other early voting dates and times visit co.delaware. ny.us/departments/elec/elec. htm.
October 23, 2019
9
The Reporter
DSS Commissioner... continued from front page
Lillian Browne/The Reporter
Patrick Connors, Esq., right, an expert witness, testified about the ethical and legal obligations of a lawyer practicing in New York, on Oct. 21. and day two of witness testimony on Scuderi-Hunter’s behalf. Among those testifying were attorneys Lee Hartjen of Cobleskill and Victor Carrascoso of Cooperstown who were both involved in an underlying family court case involving a child who was the subject of juvenile delinquency proceedings and foster care placement, which is the basis for several of the allegations of misconduct, insubordinations, breach of loyalty and more, brought by Delaware County Attorney Amy Merklen against Scuderi-Hunter. Both attorneys were extensively quizzed by Delaware County’s contracted attorney Frank Miller about their interactions with Scuderi-Hunter prior to, during and after court appearances before Delaware County Family Court Judge Gary Rosa. Hartjen, who has been practicing law for approximately 36 years, primarily in family court, was assigned to represent the child in question, Hartjen said, because he was a member of both the 18B panel (representing indigents) and on the law guardian panel. Because the child met the threshold for recently enacted Raise-the-Age legislation, the child’s case - criminal allegations - remained under the jurisdiction of family court to be heard in the ‘youth part’ of county court. Hartjen said he was never provided with documentation assigning him to the case, nor was there a petition filed by Probation - though court staff provided him with a letter stating that there allegations that the child had violated a court order. Both Hartjen and Carrascoso testified that Merklen had a conflict in the case, in representing the interests of probation and the Department of Social Services. “It’s obvious to everyone that the county attorney was representing two different interests,” Hartjen said. “And that is obviously unethical by any standard.” Merklen also advocated for a placement of the child that was different from what had been discussed in off-the-record conversations in judge’s chambers, Hartjen said. “She said this kid was dangerous and she wanted to lock him up in detention for a year,” Hartjen said of his recollection of Merklen’s statements in the courtroom. He further testified that Merklen said she wanted to “wash my hands” of the case. “That was shocking to me,” Hartjen said. “I don’t know who she (Merklen) was representing,” Hartjen said. “But it wasn’t social services.” Hartjen’s understanding was that DSS wanted the child held in detention temporarily, until a bed became available in an agreed-upon inpatient drug and alcohol treatment facility. “That was very different from what the county attorney was promoting,” Hartjen said. There is no provision in the law for locking a kid up in detention for a year, Hartjen explained. “There is no such thing as detention for a year. That’s not allowable,” Hartjen said. Merklen made it clear by her statement, Hartjen said, that
she was representing Delaware County and that her position was what probation had laid out, Hartjen continued. The judge ultimately ordered the child into secure detention, and scheduled the child to be returned to court a week later to determine whether a treatment facility had become available, Hartjen testified. In contrast to Merklen’s earlier testimony that Scuderi-Hunter had communication and conversation with Hartjen which Merklen had deemed an act of insubordination, Hartjen testified that he spoke with a caseworker about the child’s treatment plan and Scuderi-Hunter was present. At a court appearance the following week, Hartjen said, Merklen withdrew any request for detention. The child was then placed in an alternative treatment center because the preferred facility was unavailable. He was further perplexed by Merklen’s comments to him as he was leaving the courtroom, he said. “She said ‘Don’t you ever talk to one of my clients,’” Hartjen said. Hartjen said that he responded to Merklen that as the attorney for the child he had every right to speak with DSS. Merklen told him that he was only permitted to talk to her, Hartjen said. An attorney for a child, or AFC, can talk to caseworkers. An AFC, what was formerly called a law guardian, works for the best interests of a child. “I don’t know why Amy was saying that,” Hartjen continued. “That was never a
rule.” When he is assigned as an AFC and the child is in the custody of DSS, he has to be able to speak to DSS staff, including the commissioner. In those cases, Hartjen said, his client is in the commissioner’s custody. Hartjen again contradicted Merklen’s testimony stating that he never had a substantive conversation with Scuderi-Hunter following the incident with Merklen in court. He further testified that he never spoke with Scuderi-Hunter or a caseworker about the use of electronic monitoring or an “ankle bracelet” for the child. Carrascoso testified that he called Scuderi-Hunter as a “fact witness” during probation’s prosecution of the child. He was convinced, he said, that there was a better placement option available for the child, rather than detention. He further testified that Merklen stated in the judge’s presence that she was the attorney for DSS, but she was promoting probation’s point of view. “I thought ‘How do you do that?’” Carrascoso said. The issue was heavily discussed with Judge Rosa, he said. Carrascoso said the attorneys all went into the judge’s chambers to discuss the conflict. Once there, Carrascoso said, Merklen stated that she could not crossexamine the commissioner because she was also representing DSS that had a different perspective than probation. The use of electronic monitoring for the child was also discussed in chamber, he said. He could not remember who suggested electronic monitoring, he said, but it would not be far-fetched for him to have made the recommendation. In court, Merklen cross-examined Scuderi-Hunter. In response to Merklen’s questioning of Scuderi-Hunter as a witness for the child, Scuderi-Hunter surprised at Merklen’s questioning - said, “‘I thought you were my attorney. Why aren’t you representing me? Or something to that effect,” Carrascoso testified. Attorney Patrick Connors, law professor at Albany Law School, was called as an expert witness on behalf of Scuderi-Hunter, who testified extensively about ethics or the rules governing lawyers. Connors testified that an attorney cannot represent a client that has conflicting interests and has a duty to communicate a conflict to the client. A client, Connors further explained, does not have to be a “physical party” to an action or litigation.
In the hypothetical case that was laid out by Dunn and Miller for Connors, Connors stated that the county attorney could not ethically represent Delaware County, and as such both DSS and probation, because the two departments had differing interests. In the hypothetical case, Connors said, there is a substantial relationship between the county attorney’s office and DSS; and the county attorney’s office should have withdrawn from the case or tell DSS to find a new lawyer. “No reasonable lawyer would think he could diligently represent two conflicting interests,” Connors said. The fourth witness to testify was Dr. John Imhof, former Nassau County Commissioner of Social Services, who retired this past May. Imhof testified that the reason a commissioner of social services is appointed for a five year term is to ensure there is no interference with administration of the commissioner’s duties. Statewide, Imhof testified, there are fewer children in foster care than there were seven years ago. The best current thinking regarding foster care, Imhof said, is that a child should be kept with its biological family, if possible; and that a department should provide supportive programing to a family to make that possible. When he was first appointed as Nassau County Commissioner of Social Services 13 years ago, there were 490 children in foster care in his county, he said. When he retired in May 2019, there were 180 children in foster care. A county attorney does not play a role in fashioning an opinion for care or treatment for a child, Imhof said. “The county
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Delaware County Attorney Amy Merklen attorney has never played a role because the commissioner has that responsibility.” The decision about a child’s treatment, care or detention plan, Imhof said, is ultimately the decision of the commissioner. One department head should not try to “trump” another department head in determining the best placement or care options for a child, Imhof said. It should be a collaborative effort. No one can give a commissioner of social services an order to “stand aside” in any case where the department is the guardian of the child, Imhof said. Imhof further testified that a commissioner cannot “overrule” a physician’s medical prescription for a child, “But I can certainly get a second opinion.” In an instance where he had concerns or doubts about prescribed medication, he said, he would wait for a second opinion before signing off on the prescribed medication. * Day 8 of the disciplinary hearing took place on Tuesday, Oct. 22, at which Dana Scuderi-Hunter was the sole witness to give testimony. That story will appear online at the-reporter.net and in next week’s print edition.
Lillian Browne/The Reporter
Delaware County Commissioner of Social Services Dana ScuderiHunter’s attorney, Ronald Dunn, right, speaks with Dr. John Imhof, an expert witness, who testified that a Commissioner of Social Services has the ultimate say regarding recommendations for a child in the custody of DSS on Monday, Oct. 21.
#BeUnderstood
SOME PARENTS WANT THEIR KIDS TO TRY HARDER. SOME KIDS ARE TRYING AS HARD AS THEY CAN. Learning and attention issues can look different to parents and kids. That’s why there’s Understood, a free online resource with answers, advice and tools to help your child thrive. Go from misunderstanding to understood.org.
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October 23, 2019
The Reporter
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Delhi’s October Yard of the Month Recognition
The Delhi Beautification Committee (DBC) has announced the October Yard of the Month is the home of Jan and Doug Sohns on Sherwood Drive. The Sohns’ yard is a mix of annuals and perennials with a garden in the back yard. Jan says she loves to work with her hands and is gratified from the results. The community is invited to visit the DBC Facebook page and share pictures of their favorite yards, according Janet Tweed, who oversees the DBC social media sites.
“Climb Every Mountain” At Unatego
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The Unatego Drama Club, Cue and Curtain, will present Rodgers and Hammerstein’s “The Sound of Music” Oct. 25-27 at the Unatego High School, Route 7. Show times are Friday and Saturday, at 7 p.m. and Sunday, at 2 p.m. Pictured are Alyssa Blanco as the Mother Abbess and Nadia Sears as Maria.
Mountainside Residents to Perform at Open Eye Theater Residents of Mountainside Residential Care Center in Margaretville will give a free public recital of folkloric dances at the Open Eye Theater, 960 Main Street, Margaretville at 2 p.m. Oct. 26. The dances will include original choreography to “Las Chiapanecas” (“The Women of Chiapas”), a traditional melody from Mexico’s Chiapas state; “Tangos,” flamenco-type music from Andalusia, Spain, influenced by traditional rhythms, melo-
dies and dances from Afro-Cuban neighborhoods in Havana; and “Frühlingsstimmen” (“Voices of Spring”), a well-known orchestral waltz by Johann Strauss II. The Mountainside dancers will answer audience questions after the performance. The 99-seat Open Eye Theater is wheelchair accessible. For more information or to make reservations, call the theater at 845-586-1660.
Walton Theatre, Tri-Cities Opera Partner To Present Pinocchio
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The Walton Theatre and Tri-Cities Opera (TCO) have collaborated to present Pinocchio to the students of Delaware County. The performances are being provided to elementary students from Downsville, Franklin, Walton, Andes and Margaretville. Performances took place on Tuesday, Oct. 22 and will again on Tuesday, Oct. 29 at the Walton
Theatre, 30 Gardiner Place, Walton. The performances tie in with the Walton Theatre Preservation Association’s mission to not only restore the historic building but to also increase its use as a venue for a variety of arts functions for the community. For more information on Opera-Go-Round, contact Karin Phillips at 607-729-3444, x10.
Solution to last week’s puzzle appears on page 11
Subscribe today. Call The Reporter. 607-464-4009.
October 23, 2019
Double Bill Closes West Kortright Centre’s 2019 Season
Ben Cosgrove Ben Cosgrove and GlobeTrotting will close out the 2019 season of the West Kortright Centre, 49 West Kortright Church Road, East Meredith, Saturday, Oct. 26 at 7 p.m. Pianist Cosgrove is a composer-performer whose music explores themes of landscape, place and ecology in North America. GlobeTrotting is a cooperative music ensemble featuring Steve Gorn (Bansuri flute, clarinet, and soprano saxophone), John Davey (bass and cello), and Brian
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THE REPORTER
Saving The Legacy Of Grant Rogers Song-Maker Of The Catskills
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Melick (percussionist). Tickets are $17 in advance ($20 day of); $15 for WKC members ($18 day of); $10 for ages 9-19; free for ages 8 and under. Advance tickets are available at westkc.org; day-of tickets are available at the door, starting at 6 p.m. Doors for this inside concert open at 6:30. Food will be available before the show from 5–7 p.m., with outdoor seating. For exact travel directions and more information, visit westkc. org.
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The Grant Rogers Project Committee will sponsor a presentation called “Saving the Legacy of Grant Rogers, Song-Maker of the Catskills,” on Sunday, Oct. 27, from 2 to 4 at the Delaware County Historical Association, 46549 State Hwy. 10, Delhi. Through narration, music and the Grant Rogers website, members of the committee will tell the story of traditional music and dance of the Western Catskills as exemplified in the life of Grant Rogers, a local fiddler, guitarist and singer during the mid-1900s. They will explain the importance
of saving this legacy for future generations. A social event will follow the presentation with time for questions, discussion, refreshments, and an open jam session. The presenters wish the occasion to be a celebration of community as well as an inspiration to others who may want to highlight their own cultural legacy and heroes. The Grant Rogers Project is an on-going collaborative effort of Walton’s William B. Ogden Library and Music on the Delaware. Both organizations wish to help preserve the cultural history
of this area. Presenters Jim Haggerty, Robbie Jean Rice, Jim Richardson, and Jean Withrow will explain the goals and history of the project. The presentation will be interspersed with music of the era provided by guest musicians Ira McIntosh, Dane Scudder, and Kathy Shimberg. For more information on The Grant Rogers Project, visit grantrogers.org. Free admission; light refreshments served. For more information, call 607-746-3849, or email dcha@delhi.net.
Eric Krebs To Perform “My Father’s Voice” at Open Eye Theater Eric Krebs, actor, professor, theater founder and manager, off-Broadway and Broadway producer, will appear at The Open Eye Theater, 960 Main Street, Margaretville, on Sunday, Nov. 3, at 3 p.m. in a reading perfor-
GlobeTrotting
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Senior Meal in Unadilla Oct. 30 The Otsego County Senior Meal served at the Unadilla Neighborhood Apartments, Clifton Street, Unadilla, will be on Wednesday, Oct. 30 at noon. The meal will be pasta and meatballs, garlic roll, Italian
green beans, mousse for dessert and beverages. All seniors 60 and older and non-seniors are welcome. Call 607-369-2787 by Monday, Oct. 28 to make a reservation.
Sidney Rotary Club To Hold Annual Raffle The Rotary Club of Sidney will hold its annual gift basket raffle through Friday, Nov. 22. The baskets will be on display with tickets available for purchase Oct. 28 through Nov. 1 at Community Bank, Union Street; Nov. 4 through Nov. 8 at NBT Bank, Division Street; Nov. 11 to 15 at Great American, Sidney Plaza and Nov. 18 to 22 at SFCU, Union Street. The drawings will be held at
Roast Pork Dinner in Sidney There will be a roast pork dinner, with mashed potatoes, gravy, squash, corn, applesauce, German red cabbage, rolls and desserts, Saturday Nov. 9, from 4 to 6:30 p.m. at St. Luke’s Lutheran Church, 139 West Main Street, Sidney. Take outs available. Adults are $10, children 5-12 $3.50 and under 5, free. A portion of the proceeds will be donated to the Good Samaritan Fund.
the Rotary Club’s annual harvest dinner on Monday, Nov. 25 at Club 55, Union St., Sidney. Social will be at 5:30 p.m.; dinner at 6:30. People do not need to be present to win.
will be accepted. There will be a conversation with Eric following the 80-minute performance. Seating is limited; reservations are suggested by phone 845-5861660 or email openeye@catskill. net.
Cauldron of Characters Halloween Party In Stamford The Stamford Village Library and the Roxbury Arts Group have announce a “Cauldron of Characters” party will take place on Saturday, Oct. 26 from 3 – 6 p.m.
Halloween Party in Meridale The Meridale Fire Department, at the corner of State Highway 28 and County Route 10, Meridale, will host a Halloween party at its firehouse on Saturday, Oct. 26 from 3 to 6 p.m. Refreshments, games and costume contest for all ages. For more information contact Jessica Patterson at 607437-2583.
Bainbridge Rotary To Serve Pancakes Nov. 5 The Bainbridge Rotary will continue its tradition and serve pancakes on Election Day, Nov. 5, from 7 a.m. to 7 p.m. at the Bainbridge Presbyterian Church, 3 Church Street. The menu includes all-you-can-eat pancakes, local maple syrup, sausages, applesauce and beverages. There will also be a raffle. Proceeds will benefit Bainbridge Rotary service projects.
Answers From Preceding Week
mance of “My Father’s Voice.” “My Father’s Voice” is compiled of letters Eric’s father Richard Krebs wrote to his wife from Ellis Island Prison and the War in the Pacific. Admission is free, donations
Walton theatre
OCTOBER 25, 26, 27 & 30
THE ADDAMS FAMILY -PG-
FridAy - 6 & 8 PM sAturdAy -1, 6 & 8 PM sundAy -1 & 3 PM Adults - $7; 12 & Under - $6 (MAtinee Price is $1.00 less) Wednesday Matinee 1 PM $5
Gardiner Place
865-6688
www.waltontheatre.org
at the Stamford Village Library, Main Street/Rt 23, Stamford. For more information contact the Stamford Village Library at 607652-5001 or the Roxbury Arts Group at 607-326-7908 or go to www.roxburyartsgroup.org. Guests are encouraged but not required to dress as their favorite book or screen character. There
The New Hope Community Church 45 Stockton Ave., Walton is Hosting a FREE
ROAST PORK DINNER for All Veterans & Their Families
November 11, 2019 Beginning @ 5:30 pm Reservations a Must!
Call Marie Celli 607-464-4187 with how many & time wishing to attend. It’s our way of thanking veterans for their dedicated service & protecting our Country.
will be a children’s crafts workshop from 3 - 4:30 p.m. only, but pumpkins for carving and painting and ghoulish games will run from 3 – 6 p.m. Costume or not – come out for the fun! This is a free event and is open to all.
Holiday
Bazaar Saturday November 2
9:00 am - 3:00 pm Crafts, White Elephant, Christmas, Children's Items, Bake & Book Sale, Jewelry, Silent Auction & Much More!
Brunch served 11 am - 2 pm $8.00 Join the fun at the First Presbyterian Church 4 Clinton St., Delhi, NY
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October 23, 2019
The Reporter
Great Pumpkin Gratitude...
Patty Wood/The Reporter
Fire Prevention Week Noted With Poster Contest
At Walton’s Townsend School, art teacher Mrs. Lori Cucciarre helps the Walton Fire Department with its annual Fire Safety Prevention poster contest coordinated by Firefighter Bob Lang. Three winners per grade level are recognized for artistically using what they learned to create a poster. The 2019 Fire Prevention and Life Safety poster contest winners are: back row left to right: Samantha Barnes (second), Lilly Conrow (first), Marcus Marano (third), Kohl Muller (second), Landon Covell (first), Richelle Wood (second), Avelyn White (third), second row: Esther Salvia (third), Lila Trimbell (first), Finnley Kane (third), front row: Owen Gahan (first), Kylee Roach (second), Kate Bowker (third), Nadia Giannicchi (first), Noah Scofield (second). Prizes are plaques donated annually by Park Studio.
Lillian Browne/The Reporter
The Delaware Academy Board of Education (BOE) recognized those who helped grow and transport a 500+ pound Delhi-grown pumpkin to New York City earlier this fall at a board meeting held on Oct. 21. Pictured are, from left, Delaware County Superintendent Jason Thomson, BOE member Elizabeth Huneke, master pumpkin grower Ed Chytalo, Delhi Police Officer Dan St. Jacques, Delaware County Sheriff Craig DuMond, Delaware County Sheriff’s Deputy Bob Mantzouratos and Delaware Academy faculty Brian Rolfe.
FFA, Fruit and Frank...
Lillian Browne/The Reporter
New Faculty at Walton CS...
Lillian Browne/The Reporter
Walton FFA members, Emma Walley, Cael Howland and Kandra McGraw were featured on Weather Words with Frank Ward on Thursday, Oct. 17. Walton Central School Agriculture Science Teacher Vanessa Merrill, left, is pictured with students and Weather Observer Frank Ward. Walton FFA members have launched their annual fruit sales fundraiser, which will run through November.
New faculty members were introduced at the Walton Central School Board of Education meeting on Oct. 15. New staff (pictured) include: Sierra Kennedy, Megan Leonard, David Burnsworth, Amanda Bauer, Deborah Cannon, M.J. Coloney, Parker Curley, Vanessa Merrill, Beth Ogden, Emily Pattison, Jose Schmidt, Taylor Sherwood, Catherine Burch and Victoria McClenon-Wood, Sierra Birdsall and Kristin Magann.
Ukulele Performance at Delaware Academy BOE...
Patty Wood/The Reporter
2019-2020 Townsend School Ag Club
The Townsend School Ag Club met on Oct. 10 to elect officers for the 2019-2020 school year, the second year of the elementary club. The club members also made terrariums and prepared cuttings to root for future planting. Plant clippings were donated by Mary Hunter, Diana Offnick, and Carol Moore. Pictured are, in the back row left to right: fourth grade Vice President Levi McDonald; President Grace Walley, fifth grade Vice President Marcus Marano; in the front row, club reporters Colton Walley and Alexa Scofield, and Secretary Esther Salvia. Third grade Vice President Emma Moss is not pictured. Club advisor is Beth Howland, with help from Patty Wood and teachers Mackenzie O’Hara, Lisa Rhinehart, Karla Marano, Judy Ogden, Beth Ogden and Jean Maxwell.
WCS Fall Concert Set For October 30 The Walton Central School, 47-49 Stockton Avenue, Walton, will present a fall concert featuring high school music students at 7 p.m. Wednesday, Oct. 30 in the high school auditorium. Featured ensembles will include the symphonic orchestra and high school chorus under the direction of Rebekah Doig; and the high school band, under the direction of Raymond Bartlett. Also featured will be the high school brass ensemble and high school flute trio. There is no admission and the concert is open to the public.
DCS Will Host Veterans Day Ceremony Downsville Central School (DCS) will host its second annual Veterans Day Ceremony at the Downsville Central School gymnasium on Friday, Nov. 8, at 1:45 p.m. All Veterans and community members are welcome. Performances by the DCS Music
department students, a guest speaker, and refreshments for Veteran guests will follow the program. For further information contact Hope Pantilieris at 607.363.2100 or email Hpantilieris@dcseagles. org.
Lillian Browne/The Reporter
The Delaware Academy Ukulele Club, under the guidance of Amy Lindner and Jackie Gibson, performed a rendition of “The Moster Mash,” in Halloween spirit at the Delaware Academy Board of Education meeting held on Oct. 21, in addition to detailing club activities. Pictured, from left, are: Amy Lindner, Elise Raponkus, Gina Reinhardt, Melody Riggs, Emma Sulger, Sarah Wake and Jackie Gibson.
College News SUNY Delhi welcomed more than 1,100 new students for the fall 2019 semester, including the following local students, followed by their major: Thomas Burton of Walton, Lexi Cooper, Sidney, Melissa Farrell, Margaretville, Kalieb Gilmore, Walton, and Megan Merrill, Delhi - veterinary science technology; Mary Pettinelli, Delhi, healthcare management; Victoria Hunt, Hamden, and Marissa Plante, Margaretville - business and technology management; Matthew Accordino, Grand Gorge, accounting; Rachel Cobane, Franklin, Angela Davis, Margaretville, Kenzy Hammond, Downsville, and
DCS BoE To Meet The next meeting of the Downsville Central School District Board of Education will be held on Monday, Oct. 28 at 6:30 p.m. in the superintendent’s office.
Lindsay Whitbeck, Delhi - business administration; Dakota Fletcher, Downsville, marketing; Leslian Delgado, Hobart and Maranda Klinger, Walton - event management; Meghan Bartlett, Walton, culinary arts; Sarah Ewing, Delhi, culinary arts management; Rosa Arruffat, Margaretville, mechatronics technology; Matthew Aikens, Bovina Center and Fiona Taylor, Margaretville - mechatronics design; Joshua Davis, Downsville, automotive technology; Malinda Johnston, Bloomville, park and outdoor recreation; Kayla Petry, Margaretville, recreation & sports management; Alexa DuBois, Hobart, Gabriel Goulet, Delhi and Caleb Stanton, Walton - recreation & sports facility management; Carissa Crandall, Walton, Luke Moore, Margaretville, and Casey Serdiouk, Margaretville - physical education studies; Jackson Kowatch, Margaretville and Samantha Taddeo, Walton - criminal justice studies; Jason Boycott, Walton, undeclared; Juliana Archibald, Franklin, Jessi-lyn Borfitz, Roxbury, Camryn Hazen, Hancock, Samantha Layton, Sidney Center, Heather Lisenby, Franklin, Justine Lubbers, East Meredith, Corrin
Mott, Downsville, and Kaylee Velez, Delhi - nursing; Daniel Endress, DeLancey, nursing administration; Christopher Hillis, Delhi, Melinda Howard, Walton, Jordynn Palmatier, Walton, Kayla Beers, East Meredith, Charles Decker, Bloomville, Isabella DuBois, Hobart, Teresa Ewing, Delhi, Christian Hardy, Delhi, Ronicka Hougen, Margaretville, Shemar Joseph, Arkville, Kayla Kohout, Davenport, Kendra Kohout, Davenport, Riley McAdams, Walton, and Zach Smith, Fleischmanns - liberal arts & sciences: general studies; Kylie Holb, Treadwell, and Olivia Hyzer, Franklin - liberal arts & sciences: humanities & social sciences; Craig Reese, liberal arts & sciences: mathematics and sciences; Mason Karcher, Hancock and Falcon Melvin, Andes welding technology; Jacob Fisher, East Meredith, automotive mechanics; James Gransbury, Sidney Center, residential construction; Owen Wormuth, Hancock, electrical construction & instrumentation; Daniel Birch, Stamford, and Antonio Felice, Delhi - plumbing and refrigeration; Bret Armstrong, Walton, refrigeration & instrumentation.
October 23, 2019
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Sports Reporter The Reporter
Warriors Ground Game Tops Eagles By Brianna Schmitz Walton football’s talented running game led to a 44-14 victory over Deposit/Hancock Eagles (D/H) Saturday. Both defenses started out strong, D/H stopped Walton on fourth and goal. Walton forced a turnover on downs and a punt for D/H. Midway through the first, Walton’s Alex Brooker found a huge hole from the offensive line and picked up a big first down, which sparked the offense. Se-
nior Nick Lamoreaux then ran the ball 20 yards for a Warrior touchdown. Dylan Jacob’s pass to Lamoreaux was good for the 2-point conversion, and Walton led 8-0. The Eagles offense started to pick up momentum with a 20yard QB keeper by Tyler Santamaria. Walton’s defense tried to make a stand with a strong tackle by Jordan Blincoe and a sack by Skylar Pesout but was unsuccessful. Eagles’ River Burgess caught a short pass and ran 12 yards for the touchdown. The Eagles tied
Benjamin Patton/The Reporter
Walton’s Kyle Wright crosses the goal line for a touchdown during his team’s 44-24 win on Saturday.
Benjamin Patton/The Reporter
Deposit/Hancock QB Tyler Santamaria reaches for a first down as Walton’s Dylan Jacob attempts the tackle.
the score with a Caden Fortunato 2-point conversion. Walton responded quickly with a 38-yard pass from Jacob to Lamoreaux and a 25-yard Pesout run. Pesout then scored a touchdown and Lamoreaux scored the 2 point conversion that gave the Warriors a 16-8 lead. The Eagles’ next possession was stalled by the Warriors’ defense. Walton’s next possession had several large runs. Jacob scrambled and picked up 20 yards, Skylar Pesout broke free for a 37yard run, and Jacob scored 20yard touchdown. The Warriors led 22-8 at halftime. Lamoreaux started the second half with another big run, which set up a 38-yard passing touchdown from Jacob to Kyle Wright. Pesout scored the 2-point conversion. Deposit/Hancock moved down the field again, even successfully completing a fake punt, but their drive was stopped by the Warriors once again. Walton took a commanding 36-8 lead in the third quarter after some great plays by Brooker and Wright led to another Lamoreaux touchdown. The Eagles responded and took advantage of some short pass plays to move down the field and score a touchdown when Santamaria passed to Wyatt Jacobs. The Eagles’ kickoff sailed to the 2-yard line, but Jacobs maneuvered a 25 yard return to start the Warriors’ last drive of the game. Deacon Phoenix set the Warriors up with good field position after several strong runs. After a short pass play for the first down, Ethan Miller ran the ball just short of the goal line, which allowed Pesout to score another touchdown on the following possession. Max Jacobs ran in the 2-point conversion finishing the scoring in Walton’s win. “Like I said all year, the effort’s there,” said Coach Adam Hoover on the team’s play. The Warriors’ ground game finished the day with 344 yards out of 441 offensive yards. Lamoreaux had 115 total yards on offense contributing two touchdowns and two 2-point conversions. Defensively Lamoreaux made several big tackles, many for negative yards. QB Jacob finished with a combined 144 yards and two touchdowns (one passing and one rushing). Pesout added two touchdowns and one 2-point conversion with 77 yards. Wright finished with one
Benjamin Patton/The Reporter
Walton’s Dylan Jacob fights for yardage as Deposit/Hancock’s Dominic Wormuth (2) and River Burgess (10) attempt the tackle.
Benjamin Patton/The Reporter
Walton’s Nick Lamoreaux jumps as he fights through the tackle attempt of Deposit/Hancock’s Wyatt Jacobs during Walton’s 44-24 win on Saturday. touchdown and 57 yards. Eagles QB Santamaria finished the day with 128 passing yards and two touchdowns. Burgess and Jacobs both finished with one touchdown and several great plays for the Eagles offense. When asked about Walton’s wide mix of players contributing, Hoover said, “We’ve been trying to consciously do that, get
some of these guys that we know can play football and do it well chances in a game situation.” With Walton’s win and Delhi’s victory over Unatego/Franklin, the Warriors clinched the Division V title and a playoff spot. The Warriors close out the regular season with a game against Unatego/Franklin Saturday, Oct. 26 at Jim Hoover Field.
Jim Hoover Recognized By Club Royale and grateful to the Club Royale, and pleased to be recognized with the team and coaches present. He said the steak and eggs breakfast has been a The Walton Club Royale has been serving break- longtime tradition, remarking, “It used to come fast to the Walton football team and its coaches the week of the Delhi game, but this year it was during the season for the past 30 years. At the served the morning of Homecoming.” He said he Saturday, Oct. 12 breakfast, Jim Hoover, Section cannot recall missing a breakfast in 30 years. IV all-time winning football coach, was presentClub Royale President Jason Craig presented ed with a plaque recognizing him “for his many the plaque to Coach Hoover. Craig said of Hoover, years of service to his players and students over “He is a coach who brought so much to our small the years.” community. He was my middle school principal, Hoover, who retired as head coach of the Walton and my brother’s (Justin) coach. I have always Warriors following the 2016 season, was surprised looked up to what he was able to accomplish and how he always did it with class.” Although Hoover has retired, people might be surprised to know he is still active with the Walton football program as a line coach. His son, Adam, was named varsity head coach shortly after Jim stepped down. He told me that for the last four or five years he coached primarily up front, with the line. The reason? “It kept me motivated.” Hoover says he enjoys the roll of assistant coach, “without all the pressure.” He believes the transition has been easier because Adam is the head coach. The offense is still the same, though Jim adds, “We pass a lot more than we used to.” He also said he learned from his father, the late legendary coach of the Vestal Ron Galley/The Reporter Golden Bears, Richard Hoover, who The plaque presented to Jim Hooover by the members of Walton’s took a similar route by coming to Club Rayale. By Ron Galley
Walton as an assistant after retiring at Vestal. Jim Hoover did say he is learning to, “Step back a little more,” which has been tough, because that is not his nature. Craig talked about the influence Hoover has had on his life. “The respect he has gained from not only our community, but many in the state he’s had a great impact on me and how I carry myself as a person and my roles with the fair. (Craig is also secretary of the Del. Co. Fair) Hoover finished his career with 318 victories, and NYSPHSAA titles in 1994 and 2007. His teams were unbeaten in 1987, 1989, 1991, 1994 and 2007.
Jim Hoover
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October 23, 2019
The Reporter
Rosie’s Rounds By Rosie Cunningham
There was a lot of action for Mid-state Athletic Conference (MAC) and the Delaware League on Saturday as four games were played to determine who the league champions are. Unatego downed Unadilla Valley on the MAC side for girls and Greene dropped Delaware Academy for the boys. The South Kortright boys tied rival Margartville in the Delaware League and the lady Blue Devils took home the trophy for the girls. I listened to spectators talk about there being no penalty shootouts or overtime in the championship games on the Delaware League side. After talking to some coaches it makes sense, with the league doing away with two divisions, the title game is a fun one to watch and an honor to be a part of, but it doesn’t mean what it
used to. Toni Smith’s Margaretville girls squad won the overall league title but could have lost the championship game - they still would have been the league champions. The same goes for SKCS. A key player for the Blue Devils was injured during the crossover contest and this is a concern because sectional play is coming up and honestly, more important to be fresh and healthy for. Coaches have been great about getting their information to me, particularly football coaches Adam Hoover of Walton and Butch Wormuth of Deposit Hancock. It is much appreciated - keep it coming. Wishing everyone luck in sectional athletic action! Send me sports information at 607-386-8639 or e-mail r.cunningham@the-reporter.net.
Sports Slates
Cross Country
Friday: OCIAA Championship at Bear Mountain State Park. Next Wednesday: MAC Championship at Unatego.
Field Hockey
Thursday: First round Section IV sectionals - Spencer-Van Etten at Sidney at 6 p.m., Deposit/Hancock at Marathon at 3:30 p.m. Tuesday: Second round of Section IV sectionals - Class C at the higher seeded team, either Owego Free Academy or Vestal at Afton/Harpursville in Class B.
Football
Friday: Deposit/Hancock at Tioga. Saturday: Bainbridge Guilford at Delaware Academy, Sidney at Afton/Harpursville in Harpursville, Unatego/Franklin at Walton.
Boys Soccer
Wednesday: First Round of
Section IV Sectionals - Worcester at Margaretville at 3:30 p.m., Roxbury at Charlotte Valley, Jefferson at South Kortright. Saturday: Sectionals - Unadilla Valley at Delhi at 3:30 p.m.; round 2 of Class D at higher seeds. Next Wednesday: Section IV Sectionals - at the higher seeds.
Girls Soccer
Friday: Either DA or BG at Unatego at 3:30 p.m.; either Downsville/Roscoe or Franklin at Schenevus, either Edmeston or Hunter-Tannersville at Margaretville, either SK or Milford at Cherry Valley-Springfield, if Roxbury won Tuesday, they will play either Marathon or Worcester at home. Tuesday: Round 3 of Section IV Sectionals at higher seed.
Also shooting were Roland Groppe, Bret Sage, Kristy Fitch, Sarah Keehr, Seth LaPierre, and Sharon LaPierre. For the Delhi Juniors, Garrett Fitch shot a 275, Kara Fitch 226 and Marshal LaPierre 115.
Athlete of the Week
Delaware League Varsity Boys Soccer (9 games) *SKCS9-0 Margaretville Davenport Jefferson Hunter-TC Roxbury Downsville Gilboa Windham Stamford
15-0-1 8-1 7-2 5-4 4-4-1 4-4-1 4-5 2-7 1-8 0-9
13-2-1 9-5 6-7 7-5-1 7-6-2 7-9 4-11 1-13 0-14
Delaware League Varsity Girls Soccer (9 games) *Margaretville 9-0 Roxbury 8-1 SKCS 7-2 Downsville 6-3 Hunter-TC 5-4 Stamford 3-5-1 WAJ 2-6-1 Gilboa 2-6-1 Davenport 1-7-1 Jefferson 0-9
15-1 13-2 11-4 10-5 7-6-1 3-7-4 3-9-2 3-9-2 2-13-1 0-11
Delaware League Varsity Boys Golf (8 matches) *Gilboa *HTC Roxbury Margaretville WAJ Andes/SKCS Jefferson Davenport Stamford
7-1 7-1 6-2 4-4 3-5 3-5 3-5 2-6 1-7
10-2 9-2 8-2 5-4 5-5 5-6 4-6 2-7 1-11
Volleyball
Thursday, Monday & Tuesday: MAC Mini-Tournament.
Delhi Sporterrifles Win To Even Season The Delhi Sporterrifle team beat Silver Lake, 1,375 to 1,371, in its fourth match of the season and is now 2-2 overall. Top shooters were Kevin Gutliph 286, Mabel Gutliph 284, Tom Whittaker 275, Bryan Fitch Jr 265, MJ Coloney 265.
Delaware League Fall Sport Standings
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Jonathon Hadley Jonathon Hadley has been making a name for himself on the Delaware Academy Cross Country team. On Saturday, the junior athlete broke DA’s school record on the Marathon Central School course. Coach Skip Baxter stated that in his 18 years of coaching, Hadley’s time (17:05) on record. Coach Baxter’s records show Matt Morales (17:11 in 2006) was the previous record holder.
Delaware Academy Girls Cross Country Wins Marathon Invitational Jonathon Hadley Breaks School Record on Course
By Vicky Klukkert
The Delaware Academy girls cross country team was victorious Saturday during the annual Marathon Invitational. On the boys side, junior Jonathan Hadley broke DA’s record on the course by six seconds. Junior Cella Schnabel led DA with a sixth place finish with a time of 20:42.0 and DA won the meet with 43 points. Eighth graders Ellie Lees and Gretel Hilson-Schnieder were ninth and tenth respectfully; while sophomores Lonnie Weiss, Anna Tessier, Sienna Dorr, Camille Mueller and Lucia Marsiglio placed 13th, 14th, 16th, 25th and 31st respectfully. Samantha Woodworth of Horseheads won the race with a time of 19:50.8 to lead her team to second place with 69 points. Elmira Notre Dame with 78, West Genesee with 103, and Lansing
with 113 rounded out the top five teams. The girls team is ranked third in Class D by the New York State Sportswriters Association. Hadley placed third in the race with a time of 17:05.1, 20 seconds behind the winner Matt Bartolotta of West Genesee and 10 seconds behind Gabe Planty of Watkins Glen. Hadley’s time on the course is the fastest time by a DA runner in Coach Skip Baxter’s records. The previous record was set by Matt Morales in 2006 with a time of 17:11. Delhi placed fourth at the meet with 177 points, behind Elmira, 73, Watkins Glen, 88, and Horseheads, 99. Others to place for DA were senior Ty Saleman in eighth; sophomores Sam Lees in 24th and Marco Shaw in 39th; freshmen Luke Schnabel in 45th, Jared Coleman in 50th and Alton Francisco in 54th. The DA boys team is ranked second in Class D by the New York State Sportswriters Association. The Sidney boys cross country team ran in the unseeded race and came in 17th of 23 teams. Noah Artis placed 36th out of 179 runners, followed by Bryce Chirico in 72nd, Jonathan McNamary in 88th, Sam Bagley in 91st and James Neaf in 127th.
I’VE NEVER UNDERSTOOD WHY MY HUMAN WON’T LEAVE THE HOUSE WITHOUT HER LEASH. I THINK SHE’S AFRAlD OF GETTING LOST. BUT IT’S OK, I KIND OF LIKE SHOWING HER AROUND.
— HARPER adopted 08-18-09
October 23, 2019
Greene Soccer Continues Championship Reign
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The Reporter
Downs Delaware Academy In Title Game By Rosie Cunningham
ONEONTA - The Greene boys soccer squad defeat Delaware Academy (DA) 4-1 to capture the Mid-state Athletic Conference (MAC) championship on Saturday in Oneonta. The Trojans have won eight out of the last 11 league titles. Greene opened scoring courtesy of Terriek Brown. DA tied it up with Greene at 1-1 with 18 minutes left in the opening frame. Christian Imperi had a breakaway and
found the back of the net. Greene responded with five minutes left before the break - Scout McCumiskey crashed the net and fired in a goal off a rebound from teammate Jonny Lee. With less than a minute left in the first half Brown, a freshman scored his second goal of the morning. Ashton Craver finished scoring in the physical game between the rival teams - 4-1. Greene Coach Richard Tallman said he was pleased with the performance of the squad.
Benjamin Patton/The Reporter
Delhi’s Christian Imperi scores Delhi’s lone goal during their 4-1 loss to Greene on Saturday in the MAC Championship game.
Benjamin Patton/The Reporter
Delhi’s Brandon Bodo and Greene’s Ashton Craver battle for the ball during their game on Saturday.
Benjamin Patton/The Reporter
Delhi’s Alexander Imperi and Greene’s Trenton Rapp battle for the ball during their game on Saturday.
It’s A Stalemate: SK and Blue Devils Tie, Share League Title By Rosie Cunningham
ONEONTA – It was per-determined that in case of a tie soccer game, there would be
no overtime or shoot outs in the Delaware League crossover games. League rivals - South Kortright and Margaretville shared the championship title as they came to a 0-0 draw. The goalkeepers were standouts - Brandon Grommeck stopping six shots for the Rams, while Billy Miller led the team between the posts with 10 saves for the Blue Devils. SK out shot MA 10-8. It was the first title for the Blue Devils since 2013 and it was the sixth straight honor for the Rams, who defeated MA in the 2018 crossover game. This season, SK also beat MA 3-0. Mauricio Hernandez was an offensive threat for MA throughout the entirety of the
game. Quinlan Davis had a series of near misses. But for the Rams, Eoin Byrne was a freshman standout. Although he was the smallest on the filed in stature, he was the biggest threat of the game, particularly in the first half. “He did a nice job coming off of the bench and he created havoc,”said SK Coach Bob VanValkenburgh of Byrne. An offsides call took away a potential goal for the Blue Devils in the second half and Ryan McVitty nearly scored with mere minutes left in play in the first half but Grommeck had a spectacular save. “I thought it was a very good game,” said VanValkenburgh. “Margaretville was the better team the first half and I thought SK was the better squad in the second half.
Both goalies came up with some key saves and the game could have went either way.” “We played hard as a team and defensively, backed each other up,” said MA Coach Jim Owdienko, who added that offensively, McVitty and Hernandez provided many scoring opportunities. “Mike Gavette played a hard manto-man with their best player. We settled after the first 20 minutes and started controlling the game with possessions - we had many scoring opportunities, but just could not push the ball into the net.” The Rams (15-0-1) host Jefferson and MA (13-2-1) hosts Worcester on Oct. 23 in the first round of the Section IV Class D tournament.
Rosie Cunningham/The Reporter
Joe Krupa of South Kortright looks to score as Connor Joedicke defends.
Rosie Cunningham/The Reporter
Eoin Byrne of South Kortright looks to box out Margaretville’s Connor Joedicke.
Margaretville keeper Billy Smith goes in for the save during the title game.
Rosie Cunningham/The Reporter
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CESRPL Opens Its Season
The Rockdale pistol team defeated Delhi in the Central Empire State Rifle and Pistol League for its third win of the season, and Oneonta and Stamford/ Richmondville were victorious Friday, Oct. 18. Rockdale defeated Delhi 1,054(10X) to 1,041(10X), Stamford/Richmondville narrowly defeated Walton 1,091(20X) to 1,088(21X) and Oneonta defeated Sidney 1,096(18X) to 1,032(12X). High scores for Rockdale were: Rick Braun 265(2X), Steve Ingalls 265(1X), Dave Dewey 264(4X), and Michell Hartwell 260-3(X). Others shooting for Rockdale were Gerry Palmer, Tom Rees, Wendy Conway, Joe Ocasio, Steve Castle, Pat Hawkins, and Eli Kelly. High shooters for Delhi were: Tom Whittaker 278(3X), Kevin Gutliph 268(3X), Mabel Gutliph 255(2X), and Fred Robertson 240(2X). Others shooting for Delhi were Fred Stanton, Bret Sage and Dennis Klimoswski. Harry Wyckoff had a 282(6X) to lead Stamford/Richmondville. He was followed by Larry VanDeusen 280(6X), Jim Hitt 277(4X) and Judy Wyckoff 252(4X). Also shooting for Stamford/ Richmondville were Mark Gif-
ford and Maynard Vance. Dennis Bennett led Walton with a 286(6X). Glenn Bowker followed with a 272(5X), Kyle Budine 268(6X) and Kris Bowker 262(4X). Also shooting for Walton were Bill McAdams, Michael Noviello, Brian MacRabie, Ryan Boice, Steve Condon, Carl Banker, John Noviello, Samantha Bowker and Will Sulger. Wes Fleming had the high score of the night with a 291(7X) to lead Oneonta in a victory over Sidney. He was followed by Adam Nichols 274(5X), Ken Soden 267(5X) and Tim Donovan 264(1X). Other Oneonta shooters were Scott May, Wayne Jones, Don Fleming, Laura Dohner, Grant LaBarr, Brad Osborn, Roland Groppe Jr., and Brianna May (two-hand junior). Top Scores for Sidney were Jim Driscoll 275(8X), Mike Pecoraro 265, Erwin Smith IV 259(3X) and Erwin Smith 233(1X). Other Sidney shooters were David Short, Mike Terzo and Dick King. The records for the season so far are: Rockdale at 3-0, Stamford/Richmondville and Oneonta at 2-1, Delhi and Walton at 1-2 and Sidney at 0-3.
October 23, 2019
The Reporter
Unatego Girls Soccer Takes Home Title Win Against UV By Rosie Cunningham
ONEONTA - The Unatego girls soccer team defeated Unadilla Valley 3-0 in the Mid-state Athletic Conference championship on Oct. 19. The Spartans have won eight league titles since 2009 and of those eight titles, the squad defeated UV four
times. With 10 minutes into the game Unatego’s Kylie Mussaw converted a cross from teammate Dana Stepp to make the score 1-0. Spartan Hali Lucia passed the ball to Stepp, who found the back of the net with 21 minutes left in the opening half. Lucia found Stepp once again with four minutes left before the break.
“The girls came out strong in the first half,” said Unatego Coach Sue Herodes. “The defense did a great job of keeping UV away from goal. We did not give up a shot on goal in the first half and only allowed three total shots all game.” Storm’s Meegan White was top notch in goal for the losing team.
Benjamin Patton | The Reporter
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Unatego’s Paige McCoy pushes UV’s Isabella Potter during Unatego’s 3-0 MAC Championship win on Saturday.
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Unatego’s Hali Lucia and UV goalie Meegan White play the ball during their game on Saturday.
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Unatego’s Katie Ostrander plays the ball during her team’s win over UV on Saturday.
October 23, 2019
17
The Reporter
Fox Bowling Center Scores
HANCOCK - Bowling scores for Hancock’s Fox Bowling Center are, as follows for Oct. 11, 13, 16 and 17:
Friday Couples League Oct. 11 Week 6 of 30
Rosie Cunningham/The Reporter
Margaretville keeper Shyanna Balcom (12) makes the save as teammate Netalia Herrera protects and Roxbury’s Leigha Lalosh looks for an opportunity.
Rosie Cunningham/The Reporter
A Margaretville opponent looks to defend Myah Johnston (24) of Roxbury.
Delaware League Champs: Blue Devils Hold Off Roxbury To Clinch The Title Game By Rosie Cunningham
Rosie Cunningham/The Reporter
Margaretville’s Sydney Asher and Roxbury’s Cortnea Demaio compete for the soccer ball on Saturday during the title game.
ONEONTA – Margaretville (MA) defeated Roxbury 1-0 to clinch the Delaware League title - the Blue Devils’ first since 2013. MA’s Netalia Herrera scored four minutes into the contest, converting a pass in the penalty box from teammate Olivia Balcom. Herrera was transitioned into the defensive end by head coach Toni Smith. “She’s a midfielder and plays a lot of defense and goes on offense as needed ,” said Smith of the move. “She is a great player with a great sense of the game.” Margaretville dominated for the majority of the game but in
the second frame, the Lady Rockets came alive and barely missed several scoring opportunities. Blue Devil keeper Shyana Balcom made six saves in the win and Meehan stopped a pair of shots for Roxbury, who out shot MA 9-6. Margaretville (14-1) earned a first-round bye and will host the winner of Edmeston and HunterTannersville’s first-round game on Friday, Oct. 25. “I thought the team really pulled together as a united team,” said Smith. “It was a hard fought, physical game and we persevered. Margaretville remained composed and went home with two trophies and I am so proud of them.”
Deposit Softball Champs Honored
Benjamin Patton/The Reporter
Deposit’s 2019 NYSPHSAA Class D softball state championship team was presented with their state-championship rings during halftime of D/H’s game with Walton on Saturday. Benjamin Patton/The Reporter
(photo right) 2019 Deposit graduates Makenzie Stiles, left, and Bryn Martin show off their statechampionship rings on Saturday.
1. I’m Lovin’ It!! 36-12 2. Two Sisters Emporium 36-12 3. Bass and Son’s Logging 32-16 4. Deposit Sanitary 30-18 5. Fox Bowling Center 28-20 6. Card Logging 26-22 7. Conklin Logging 26-22 8. Moo’s Drop Inn 24-24 9. Couse Logging 22-26 10. Goin’ Postal 22-26 11. Team Brandon 20-28 12. Mic Bree’s 18-30 13. Dirig Construction 12-36 14. BYE 4-44 Awards: Jeremy Barnes 203 Andy Bullis 204-268-670 Howard Couse Sr. 205 Carl Davis 212 Scott Ellis 217-206 Linda Ferris 181 Paul Fritz 202 Dan Koch 202 Dennis Leonard 244 Brianna Meres 183-192-544 Rick Mills 232 Brooke Rosengrant 183-514 Jen Smith 189-198-553 Kathy Smith 190 Kayla Smith 188-212 Dan Wormuth 221-603 Jeremy Wormuth 202-224-207-633
Sunday Mixed Fun League Oct. 12 Week 2 of 23 1. Paul and Ginny 12-4 2. Good-O-Boyz 10-6 3. A & A Pin Crushers 10-6 4. Marino’s Store 8-8 5. Lenore and Reva 8-8 6. Brian and Dick 8-8 7. Wilbur and Bowk 6-10 8. Team DUH 2-14 9. Pam and Woody 0-16 10. Team 10 0-16 Awards: Mike Bowker 202-532 Kolby Decker 138-123 John Fish 506 Marty Haeussler 208-562 Ashley Hanstine 243-530 Reva Jones 190-503 Don Marino 204-201-214-619 Wilbur McAdams 509
Independent Oct. 16 Week 7 of 32
1. Evanitsky Logging 18-10 2. Double D Ranch 17-11 3. Buddenhagen Ford 17-11 4. Scott’s Auto Body 16-12 5. CL Repair 14.5-13.5 6. Fox Bowling Center 14.5-13.5 7. Mad Log Ale Farm 13-15 8. Price Graphics 13-15 9. Fox Bowl #2 10-18 10. BYE 7-21 Awards: Doc Bolduc 237-608 Papa John Brienza 209-216-609 Al Bullis Sr. 203 Andrew S. Bullis 204-205-254-663 Tim Cobane 243 Carl Davis 226 Shane Dirig 244-210-635 Brandon Drumm 243-627 Mike Dufton 228-238-652 Randy L. Evanitsky Jr. 233-606 Bill Gleim 214 Ben Green 222-211-618 Jack W. Hazen 206-232 Rob Johnson 200 Jerry C. Kulakosky 212 Scott Lacy 249-619 Donnie Marino 210-209-204-623 Wayne McClenon 224 Mark McGraw 235 Jeremy Roach 201 Jason Scofield 204-243-606 Tim Smith 230 Bob Sobas 200 Scott Wahl 213 Roger Widmann 234 Woody Wood 224 Zuke Wormuth 212-633
Thursday Night 3 Oct. 17 Week 7 of 30
1. Cornwell Construction 38-18 2. Dirig’s Hammer 38-18 3. Conklin Logging 36-20 4. Conklin Construction 36-20 5. Fox Bowling Center 28-28 6. Jenson Logging 28-28 7. Patche’s Place 26-30 8. S and S 1 22-34 9. S&S Auto 22-34 10. BYE 6-50 Awards Al Bullis Jr. 215-254-650 Tim Campbell 202-521 Dale Conklin 577 Ray Cornwell 214-218-623 Jake Curtis 208-574 Shane Dirig 205-256-657 Bill Gleim 210-223-585 Gino Jones 210-206-564 Dan Keesler 210-233-224-667 Greg Keesler 206-210-565 Ed Milk Jr. 568 Rick Mills 500 Natasha Viera 213-540 Scott Winans 220-575 Dan Wormuth 216-211-254-681
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October 23, 2019
The Reporter
Forestry - The Estranged Land Use By Ryan Trapani
I wasn’t raised on venison or deer meat; I was raised on beef. It was a common occurrence to eat beef 2 – 3 times per week growing up; whether it was hamburgers or medium-well steak. However, about 15 years ago I began hunting deer regularly and gained more access to deer meat. I’d say for a good 10 years or so, I consistently ate deer meat without a bite of beef. A few years ago, I remember going out to dinner and having some beef-steak; It tasted somewhat metallic and “grassy-tasting.” For lack of a better description, it tasted “strong.” I wrote it off as a bad steak, but when I had the opportunity of eating another some months later, the same thing occurred. It was then that I realized my taste buds had changed, or rather deer meat became more familiar and beef less so. Normally, beef-eaters contend that deer meat is “gamey” - but is this due to the lack of familiarity? The same is true when comparing another “from the forest” food to another agricultural one. I remember when I worked at Frost Valley YMCA as an Environmental Educator, visiting kids were given both maple syrup and corn syrup (i.e. Aunt Jemima, Mrs. Butterworth’s, etc.) for testing taste-preferences. The results – much to the forest enthusiast’s dismay – ended with corn syrup on top. Why? Well, who can say whether one is actually better from another? Some point to health reasons for leaning towards one. Some lean towards another for its support of the local economy as well. Even our forefathers had strong feelings about the subject and leaned towards maple syrup at the time, since its competitor (sugar cane) relied upon slave labor. However, at the end of the day personal preferences are, well, personal. Less Familiar Can Be Less Welcomed It seems to me that what is less familiar is often less welcomed, even sometimes things that once were familiar. My experience with beef proves that for myself. My hiatus from beef had made me more squeamish to eating it. I’m not saying that there isn’t good beef out there for me in my
future, but I don’t crave it like I used to. It seems there are other “from the forest” examples that have become culturally squeamish for many in comparison to their more agricultural siblings. For example, many of you have probably driven around and seen this and thought nothing more about it. You may have even been happy to see it. Someone literally cut down all the trees, kept the forest from growing back by using large machines or large hungry herbivores or even plowed the land under, exposing it to bare soil where erosion is more likely to occur. In the soil was planted cover crops or vegetables that had to be protected from small and large herbivores alike. On less agriculturally intense areas, perhaps trees – apple or pear trees if you will – had been planted that require a constant input of pruning, weeding, pesticides, and harvesting throughout the year. Many such areas in fact require an eight-foot high fence to keep out hungry herbivores like deer. Obviously, what I’m describing above are pastures, cropfields and orchards. Don’t misunderstand, I wish there were more local farms. My point is that I hear far more public support for farms, whether I read about their support in Town Comprehensive Plans and ordinances or via “No farms, No Food” bumper-stickers. At the same time, if someone drives by the same stretch of highway and that same farmer strips down into logger’s chaps, hard hat, chainsaw and cuts a few (or more) trees down, there are written complaints; some of those complaints end up as restrictive zoning ordinances that curtail logging and ultimately forestry, while promoting agriculture. I would never support more restrictions on rural land uses such as forestry and farming. But if we are to do so, and compare “apples to oranges” or perhaps in this case, “apple to larger trees and such” then forestry almost always has less impact than farming. Forestry – unlike farming – doesn’t impact soil resources nearly as much, since cutting trees doesn’t expose as much soil as farming does. When trees are cut, roots are still in place, while in agriculture, roots are ripped out. I remember reading one book called “Riparian Management in Forests” that even a poorly conducted logging job pales in comparison to a decent agricultural land use; my experience since then agrees. After
trees are cut, vegetation normally – and rapidly – grows back. Sure, we Foresters might not be satisfied with what grows back, but the impacts over time are few. So, what’s the problem? Use Your Work As an Educational Opportunity Again, back to personal preferences and familiarity. For most, Forestry is like venison, or something less familiar and “gamey” while pastures, crop-fields, and beef are “familiar and acceptable.” I also think that farms are expected to be unnatural or man-made, while forests seem more like “God’s creation,” pure and where the “works of man dwindle.” When someone passes by those same groups of trees each day, they are shocked to see them gone the next, as if some cathedral were removed; it’s understandable, but there are both utilitarian, ecological and even (for some) spiritual reasons to cut trees. There are reasons not to cut too, but this goes beyond the scope of this article. In comparison to agriculture, Forestry’s time-scale is entirely longer and demands more patience than many are willing to tolerate. So, my point is directed towards those in the forest industry, natural resources and other conservation-related fields. Educate others on what you do. Don’t hide your work. Cut “the right” trees where people can see it as an opportunity to show others the ecological and social benefits of such. When I was in school, Forestry students were taught to hide their work and to create “buffers” between roadsides and logging jobs. Does the farmer buffer his work? No, he is proud of what he does and should be. It reminds me of an old gentleman I overheard at a local bar years ago. He was telling his friend that every once in a while, he goes outside and shoots his rifle (in a safe direction). His friend asked him why. He said, “Cuz if I don’t, then the neighbors won’t know what gunshots sound like anymore.” www. catskillforest.org. Ryan Trapani is the director of Forest Services at Catskill Forest Agency.
Contributed Photo
Clearing the Trail...
A crew of 11 SUNY Delhi students worked on clearing the Bramley Mountain Trail on Saturday, Oct. 19. The project was part of an ongoing collaboration between SUNY Delhi’s O’Connor Community Service Center and The Catskill Mountain Club.
Audubon To Host Dr. Tessier On Forested Ecosystems
Structure and Function in Forested Ecosystems Join Delaware-Otsego Audubon Society on Friday, Nov. 15 at 7:30 p.m. for a pictorial tour of forested ecosystems - see what is in them and how they work. Spatial scales from individual plants to landscapes will be considered. The program will take place at the Elm Park United Method-
ist Church, 401 Chestnut Street, Oneonta. The program is free and open to the public and refreshments will be available. For more information contact publicity chairperson Susan O’Handley, Delaware-Otsego Audubon Society, Oneonta; 607-643-5680; info@doas.us.
TU Announces 50th Anniversary Banquet The local Dave Brandt chapter of Trout Unlimited will celebrate its 50th year of serving Otsego and surrounding counties regarding conservation and environmental issues with a banquet on Saturday, Nov. 16 at the Quality Inn, Southside Drive, Oneonta. The evening will begin at 5:30 with a social hour, the banquet at 7 p.m., followed by an evening of surprises and special events hosted by Big Chuck D’Imperio as Master of Ceremonies. Multiple door prizes will include a flat screen TV and opportunities to win or buy quality art pieces, household and sporting equipment. Keynote speaker will be John P. Shaner, a retired sales representative for several sport fishing
companies. Banquet proceeds will be used to fund and support chapter’s community projects such as scholarships for youngsters to attend NYSDEC Conservation Education camps, Trout-In-theClassroom projects, Fishing Rods for Kids, the Library Fishing Rod Loaner Program, and the annual free Father’s Day Fishing Clinic at Neawha Park, Oneonta. The celebration is open to the public. For tickets and/or more information, call banquet cochairmen Roger Barr at 607-3311145 or Dave Brandt at 607-4332924. Tickets ordered by phone will be “on call” at the Quality Inn upon arrival at the banquet room door.
Bird Seed Sale To Benefit Audubon The Delaware Otsego Audubon Society bird seed sale fundraiser supports speaker fees for member meetings, field trips, programs and special events, summer camp programs and the Franklin Mountain Hawk Watch. The order deadline is Saturday, Nov. 2, at 5 p.m. The
product pick up day is Saturday, Nov. 9, 9- 11 a.m. at VP Supply Corp, 69 Country Club Road, Oneonta. The DOAS 2019 bird seed sale features black oil sunflower seed from Richfield Springs farm and premium bird seed by Aspen Song through the Cooperative
Feed Dealers in Conklin. In addition to bird seed, the sale offers bird-friendly coffee, colorful cat collars, DOAS 15oz coffee mugs, and Franklin Mountain Hawkwatch hats - all of which make great holiday gift items. To order online visit doas. us/2019-bird-seed-sale.
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October 23, 2019
19
The Reporter
Deborah Dunlap
On Friday, Oct. 18, Ann Gavett, matriarch of seven children, 16 grandchildren and many adored great-grandchildren, passed away at the age of 94. She was born in Sherwood, Calif., to Winifred and Lars Thompson who brought her cross country to Andes at the age of 3. She married Charles Gavett in 1949 and spent the next 27 years working on the farm and raising her large family. Ann had many interests which often involved starting businesses. She raised dachshund puppies, taught ceramics classes, was a 4-H leader, refinished and sold antique furniture, taught chair caning, remodeled part of the barn for a college rental, and started a farm bed and breakfast. Her artistic and creative talents went into quiltmaking, tole painting, stenciling and sewing. She was a longtime, active member of the Hamden Presbyterian Church. After retirement she loved to join family members on travel adventures. Playing Pinochle with the Hamden Seniors was a favorite activity in recent years. Ann was preceded in death by her husband of 47 years, Charles, her daughter Sonja, her grandson Alex, sister Betty and brother Jim. She is survived by six children: Vicki (Ted), Charles Jr. (Jane), Jim, Sally (Cris), Nancy (James), Ben (Jennifer) and son-in-law Lindly. A service to celebrate Ann’s life will be held at a later date. Interment of Ann’s cremated remains will take place at Hamden Cemetery. Arrangements have been entrusted to Courtney Funeral Home, Walton. To leave a message of hope and comfort for Ann’s family, visit www.courtneyfh.com.
Deborah “Deb or Debbie” Dunlap (née Haney) died unexpectedly in her home on Oct. 15, 2019, in East Branch, New York. She was 64. Debbie was born on March 22, 1955, in Liberty, to her parents, the late Walter and Thalia (née Mabus) Haney. She graduated in 1973 from Jeffersonville-Youngsville. She married Charles A. Dunlap, III in 1994. In 2019, she retired from Hancock Central School after many years as a dedicated school bus driver. Debbie is survived by her husband, Charles “Chuck” A. Dunlap III, three sisters, Kay Mendoza, Betty Padgett and Patricia Rodman; seven sons, SMSgt. Daniel (Sherri) VerNooy, Clovis, N.M., MSG. Dean (Amanda) VerNooy, Watertown, David Dunlap, East Branch, Ward (Missy) Dunlap, Hancock, Mark (Nancy) Dunlap, Hazleton, Pa., Mike (Robyne) Dunlap, Suffolfk, Va., Matthew (Carri) Dunlap, White, Ga.; 12 grandchildren, Rachel VerNooy, Michael VerNooy, Blase VerNooy, Kenadie Dunlap, Nick (Anastasia) Dunlap, Hope Dunlap, Alex (Leilani) Dunlap, Hannah (Ryan) Salter, Eric Dunlap, Dianne (Rami) Eggers-Abeid, Sean Eggers, and Dean Dunlap; 12 greatgrandchildren and several nieces/ nephews. A visitation took place Saturday, Oct. 19, from 11 a.m. - 12 p.m., and a memorial service followed at the East Branch Community Church, East Branch. In lieu of flowers, donate to the East Branch Community Church, P.O. Box 154, East Branch, NY, 13756 or East Branch Fire Department, East Branch, NY, 13756. Arrangements by HendersonBiedekapp Funeral Chapel, Hancock.
New York state offers early voting this year starting Saturday, Oct. 26 at the Board of Election office, 3 Gallant Avenue. You don’t have to wait until election day to cast your vote in the general election. On Saturday, Oct. 26, Sunday, Oct. 27, Saturday, Nov. 1 and Sunday, Nov. 3, the office will be open from 9 a.m. to 2 p.m. On Monday, Oct. 28, Thursday, Oct. 31 and Friday, Nov. 1, you can vote from 8:30 a.m. unCard of Thanks til 4:30 p.m., and on Tuesday, Oct. Thank you to everyone for your 29, Wednesday, Oct. 30, the office support, food and flowers during will be open from 8:30 a.m. until the loss of our loved one Alana 8 p.m. Voting during early voting Benson. We are truly grateful. is the same as voting on Election Day. When you get to the early voting center, you will check in to vote, receive your ballot and vote as any other election. Visit www. co.delaware.ny.us/departments/ elec/elec.htm for a sample ballot and more information about early voting. Last week’s trivia question: what retired professor from SUNY Delhi just published a book that is available for purchase at DCHA? Dr. Richard E. Scranton, a veterinarian and SUNY Delhi college professor has written an autobiography tracing his life from rural roots in central New York to practicing vet in the North Country and ultimately college professor at Delhi. The DCHA Office, Exhibit Galleries and Gift/Book Shop are open Monday - Friday, from 10 a.m. to 3 p.m., Dedicated And Professional 46549 State Staff Highway 10. For more 607-746-3849 or Frank Cagnina, Jr, CFSP information Stacy call L. Vertucci email dcha@delhi.net. Owner/Director Owner/Director This week’s trivia question: who 607-865-4383 is on the court at Del25 Townsend St., Walton, NYhomecoming 13856 aware Academy? www.courtneyfh.com This week’s community volun-
teers of the week are the SUNY Delhi students in the New York State Association of Veterinary Technicians club. They hosted another successful dog wash last weekend. Under the leadership of their advisors Alyse Retallick and Lisa Kaschak, the group washed and clipped nails on over 70 dogs. “Like” vetscidogwash on Facebook to make sure you don’t miss the next one. Delhi is lucky to have students willing to provide this service. There will be a meet & greet with author, Kathryn DeZur on Thursday, Oct. 24 at 5:30 p.m. at the Barnes & Noble Bookstore at SUNY Delhi. The poetry meeting will start at 5:45 p.m. followed by a Q&A and book signing. Kathryn DeZur is a poet and professor of English at SUNY Delhi, where she teaches composition, creative writing, literature, her academic specialty of Renaissance literature, and film. She won the Chancellor’s Award for Excellence in Teaching in 2010 and the Chancellor’s Award for Scholarship and Creative Activity in 2016. She moved from the West Coast to Oneonta twenty years ago, and much of her imagery is drawn from the landscapes of the Catskill Mountains region. Her poems have appeared in Blueline, The Fourth River, Fickle Muses, Literary Mama, The Teacher’s Voice, Mother Verse, and Women’s Studies: An Interdisciplinary Journal, as well as in anthologies such as Strange Attractors: A Collection of Mathematical Love Poems and Zeus Seduces the Wicked Stepmother in the Saloon of the Gingerbread House. The Homecoming Light Parade will be Friday, Oct. 25 at 6 p.m. The parade will start at the county building, go down Main Street to Kingston Street, and end at Seldon
Norma S. Clark
Norma S. Clark, 86, of Delhi, passed away on Monday, Oct. 14, 2019 at O’Connor Hospital following a brief illness. Born on Aug. 1, 1933, in Roscoe, she was the daughter of the late Jasper and Jennie (McAdams) Shellman. Norma was married to her beloved husband, Frank L. Clark, a union that lasted 63 years until his passing on April 21, 2017. She worked for over 23 years in the Delaware County Treasurers’ Office, retiring in 1993. Norma also worked part time for the Delaware Co. Court and Delaware Co. Office for the Aging and retired from there in her early 80s. Mrs. Clark was a member of the United Ministry of Delhi and member of the former Delhi United Ministry Church. She enjoyed gardening, quilting and genealogy and had a passion for helping people in need. Norma learned how to bake at a young age alongside “Ma Griffin” from Roscoe and many friends and family will miss her incredible pies, molasses and sugar cookies, to name a few. Norma is survived by her children Thomas (Kathy) Clark of Seneca Falls, Tracey Chacon of Mesa, Ariz., and Karen (Jerry) Hicks of Greenville, S.C.; grandchildren Erin Jones of Tempe, Ariz., Matthew (Nicole) Clark of Jamestown, Mary (Geoff ) Lewis of Erie, Pa., Jason Chacon of Mesa, Ariz., Molly (Gabe) Telarico of Waterloo, and; great-grandchildren Carter, Claire, Declan and Barrett; several nieces, nephews and cousins; as well as three siblings, Carol Appley of East Branch, Albert Shellman of Unadilla, and Ronald Shellman of East Branch. In lieu of flowers the family asks that donations be made to Helios Care, 297 River Street Service Road, Suite 1, Oneonta, NY 13820: helioscare.org/donate or The United Ministry of Delhi, umdelhi.org, 1 Church Street, Delhi, NY 13753. A celebration of life will be held at 11 a.m. on Oct. 28 at the United Ministry Church of Delhi. Burial will follow in Ouleout Valley Cemetery, Franklin. Visit www.macarthurfh.com to share a condolence with the Clark family.
Ann Gavett
Courtney
Funeral Home
French Proverb: “One meets his destiny often in the road he takes to avoid it.” There will be a PSAT School Day for 10th/11th Graders in the high school gymnasium at 8 a.m. on Wednesday, Oct. 30. Good luck to students taking the exams. Thursday, Oct. 31 is Halloween - watch out for children out trick and treating let’s have a safe, happy evening for everyone. Happy Halloween hope that you have fun in school and after. Don’t forget to turn your clocks back one hour when you retire on the evening on Saturday, Nov. 2 when Daylight Saving Time ends. An invitation is extended to all interested in joining or participating in the entertainment at the Coffee House at the Masonville Federated Church on Saturday, Nov. 2 from 6:30 to 8 p.m. To participate contact Ariel Scott at 607-316-1223 or Colleen Scott at 265-3248. Here on the Farm the fellas have been trying to get the cornfields chopped and to the bunk for storage. The rain put them behind for awhile but with the better weather coming they hope to get more done even with some down time for repairs on the equipment. A set of twin calves was born this morning and there are a few calves to bottle feed also. It’s fun feeding them when they all want their bottles at the same time and bunt and suck your hands while holding them. On Wednesday, Oct. 16, Harold and I went to a restaurant in Oneonta for a DFA annual meeting and while the weather was cloudy with rain predicted for afternoon Harold did some chopping before we went. The speaker told us farmers that
Condolences to the family of Ann Gavett. Continued prayers for Charlie and Marion Calhoun and Abby Stone. Thank you to all who helped with the turkey and trimmings dinner and to all who came to Park where there will be a bonfire and the athletic teams will be introduced. The second Saturday of the Twilight Lantern Guided Tours of the 1797 Gideon Frisbee House will be held Saturday, Oct. 26, at the Delaware County Historical Association, 46549 State Highway 10. Tours leave at 5 p.m., 5:45 p.m., and 6:30 p.m. Refreshments. RSVP required by Oct. 25. For more information, call 607-746-3849 or email dcha@delhi.net. The Delhi Women & Men’s Club will sell Wilson’s Barbecued Chicken on Friday, Oct. 25 in the parking lot of Tractor Supply. The sale will start at 10 a.m. until sold out. Food distribution event Friday, Oct. 25 at 10:30 a.m. at Delaware Opportunities Inc. in Hamden. The distribution will take place in the parking lot behind Delaware Opportunities headquarters, 35430 State Highway 10, Hamden. The type of food available will not be known until the day of distribution. Proof of income is not required; however, information on the number of children and adults in each household receiving donated food will be requested. Households must appear in person to receive food. No notes will be accepted. The distribution is limited to Delaware County residents. Participants should bring boxes and/or bags, rolling coolers, etc. to carry food to their vehicles. People should dress for the weather as there is no indoor space available for those waiting for food. For more information contact Tammy Clark, 607-746-1670 or Kelly Short, 607-746-1685. The Delhi Food Bank is open Mondays from 1 until 3 p.m. and Thursdays from 3:30 until 5:30 p.m. in the United Ministry Church. D.C.C.A.N.’s annual Pumpkin
attended the meeting that the first half of 2020 was going to be a bit better with milk prices improving somewhat. The subject of milk in the schools and educating everyone on the goodness of milk and milk products incorporated into the school meals was addressed also. Progress in the dairy industry was also addressed with some information on the plants that are producing products from the farmers milk being collected each day. A truck company was thanked for stepping up when needed for picking up milk in a certain area that was very much needed. Thank you to truck drivers for getting our milk picked up and taken to these plants where it is processed. Keep purchasing dairy products. Thank you also to our dairy princesses and their helpers for promoting the dairy industry and to the committees in the dairy promotion groups. Birthday greetings Brian Tiska, Hazel Charles, Ed Lent, John VanValkenburgh, Amy Mott, Becky Sawdy, Zachary Cutting, Woody Hard, Mary Hager Kullman, Jim and Grace Wright who have an upcoming wedding anniversary, Dawn Foster, Jessie Rude Charles, Anthony Robert Paoletti, and Jennifer Cutting. Masonville Federated Church Rev. Helgeson Interim Pastor with Sunday morning church services at 11 a.m. and adult Sunday School at 9:45 a.m. Bible study is Tuesdays at 6:30 p.m. and Wednesday 6 p.m. is Christmas choir practice. Thursday, Oct. 24 is Share the Bounty in Sidney, Saturday, Nov 2 at 6 p.m. Coffee House and Sunday, Nov. 3 is Stewardship Sunday. eat. Church services for the Hamden, DeLancey and West Delhi churches for Sunday, Oct. 27, will be held in the Hamden Church at 11 a.m. Rev. Connie Stone will lead the service. Election Day is coming up soon. Plan to come and vote and then have lunch at the Hamden Community Hall. A variety of soups, sandwiches and pies will be served. Paintin’ & Scarecrow Makin’ event will be Saturday, Oct. 26, from 11 a.m. until 1 p.m. at the Courthouse Square. You bring the outfit, D.C.C.A.N. will provide the pumpkins and hay. If it rains, the event will be held in the United Ministry Church. Call Will Outsen at 607746-8070. Halloween party on Saturday, Oct. 26, from 3 until 6 p.m. at the Meridale Firehouse, 50 County Highway 10 in Meridale. Refreshments, games and a costume contest for all ages. Call 607-437-2583 for more information. The West Kortright Centre’s season finale will feature an instrumental innovation of contemporary instrumental fusion on Saturday, Oct. 26 at 7 p.m. at 49 West Kortright Church Road, in East Meredith. Ben Cosgrove is a Contemporary Instrumental /Folk / Classical Crossover. GlobeTrotting will play World/Jazz Fusion. O’Connor Hospital will host a free diabetes support group on Monday, Oct. 28, from 10 - 11 a.m. A variety of topics will be covered. If you or someone you know has been diagnosed with diabetes, pre-diabetes, or is a caregiver, this group will provide excellent support for developing self-management methods and tools for a healthy life. Learn more: call 607746-0300 ext. 0496 or email lisa.roman@oconnorhosp.org. The village of Delhi will host trick-or-treaters on Halloween, Thursday, Oct. 31 from 5 to 9 p.m. Laura Gioffe has organized a Trick or Treat event along Main Street with Delhi businesses who love to see all the kids dressed up. A big group picture will be taken at the gazebo at 11:45 a.m., then the parade of little trick or treaters will begin down Main Street.
20
October 23, 2019
The Reporter
100 YEARS AGO, SATURDAY, OCTOBER 25, 1919
THE WEEK IN WALTON What We Are Talking About at the County Hub
SET CLOCKS BACK NEXT SUNDAY Joy-Riders Stole Ford–The Eastern Star Play–Auto Crank Broke Lady’s Wrist.
dispute, was settled in Olmstead’s favor as he crossed the tape a quarter of a mile or more ahead of Terry. It is estimated that over $500 changed hands in bets. Terry had the lead in the fourth and fifth laps, but was outdistanced when his engine began to skip. The time for the ten miles was 17 minutes and 45 seconds. Everything was in readiness for a few spills, and the ambulance, undertaker and a physician were on hand. Another race will be held at 2 p. m. today, Friday.
The daylight saving law expires The ladies of the Eastern Star the last Sunday in October and are making every effort to make the official time for turning back a success of their home talent clocks is at 1 a. m. on October 26. production of “The College Boy” at Walton Hall on October 31 and Myron DuBois and William November 1. A delightful surprise Hastings, who returned Saturday is in store for all who attend the from a hunting trip at Cranberry performance of this three-act lake in the Adirondacks, each comedy with music. If hard work brought home a fine doe which he counts, the Eastern Star will make this production one that will set a had killed. new pace for amateur theatricals in Walton. Rehearsals prove that The contractors on the Hamden Walton has some clever dramatic state road are rushing the work talent and every member of the and have the crushed stone in cast is working hard to make it a between Hamden village and the success. They are assisted by twelve Ewell place at Hawley’s station. young ladies who will appear in musical numbers and dances. Three thousand two hundred The cast includes Miss Gertrude andforty-eightvotersareregistered Nichols, Mrs. A. B. Kingsbury, in Walton. The registration by Mrs. George Garrison, Miss districts is as follows: No. 1, 575; Mildred MacLean, George A. No. 2, 662; No. 3, 581; No. 4, 774; Drake, Neil Rogers, Secord Green, No. 5, 461; No, 6, 195. Marshall Guild and the director, Will Bingham. Guy Wood of Beerston, while working on the Joseph Goodrich Benny Pratt and a party from. farm Monday, had the ring finger Hamden motored to Walton of his left hand cut so badly on a Friday evening and left Pratt’s buzz saw that Dr. W. R. Gladstone Ford car in front of the Majestic amputated the member at the first theatre while the party attended joint. the show. When they came out from the theatre about 11 o’clock Mrs. Floyd Roberts of Marvin the Ford was gone and search Hollow sustained a Colles’ failed to locate it. The Hamden fracture of her right wrist Tuesday party stayed in Walton over evening when an automobile she night and returned home on the was cranking backfired and the morning train. A. W. Squire, chief crank struck her wrist. Dr. C. S. of police, who had been notified of the theft, received word later in Gould reduced the fracture. the morning from the driver of the Breakstone truck that a Ford had Fancy white eggs were quoted at been abandoned by the roadside 93 to 95 cents a dozen in the New near Johnston’s ice house on the York market Wednesday and the river road. The car proved to be poorer grades at 70 to 92 cents. Pratt’s and had been left after the The high price is partially due to gas gave out, following a joy ride. the strike of express drivers, which This is the third occurrence of was ended Thursday. a similar nature in the past few weeks and if anyone is caught Pleman J. Hafele moved this taking a joy ride in some one else’s week to the Stilson house, upper car it will go hard with him. Stockton avenue, which he recently purchased of Lawrence Ryan. E. DIED FROM D. Baker has rented the rooms ACONITE in the Peake house, Griswold POISONING street, vacated by Mr. Hafele, and will move his family here from George McMullin of Lake Washington, D. C., next month. Delaware Despondent Over Ill Pheasants may be legally taken in Delaware county this year during the open season for the same, which is the last two Thursdays in October and the first two Saturdays in November. Only the male pheasants may be taken and a person must not take to exceed three during the open season. A special train will be run from Walton to Utica on Sunday, Nov. 9 to allow Masons of the sixteenth district an opportunity to visit the Masonic Home and see the progress made in building the Masonic hospital. The train will leave Walton at 8:48 a. m. and return at 8:05 p. m. The round trip fare is $1.95. Barney Oldfield, had he been in Walton Wednesday, could have secured a few pointers in automobile racing when Otis Terry and Gordon Olmstead pulled off a ten-mile steeplechase on the fairgrounds before an audience of over five hundred spectators. The relative merits of the Ford cars of the two men, which had been in
Health.
George McMullin, who lived on the Little Delaware, about two miles from Delhi, died Monday morning from the effects of aconite poisoning. He had been in ill health for several years and arrangements had been made to take him to a sanitarium in Goshen, Orange County, the following day. Mr. McMullin returned home Saturday, Oct. 11, from Buffalo, where he had gone to consult a specialist. Last week he was taken violently ill and told his wife that he had swallowed some strychnine tablets, but this is doubted as he had none of the symptoms of strychnine poisoning. Owing to his condition it was thought advisable to commit him to some institution and everything was arranged to take him to a sanitarium in Goshen on Tuesday morning. When Mr. McMullin was inforined of this he said that he would never go. Early Monday morning the family went as usual to milk and while he was milking a cow his wife noticed that he seemed sick at his stomach. On questioning him he said he had taken aconite for the purpose of ending his life. He was immediately taken to the house and Dr. Silliman, the family physician, summoned. Everything that medical aid could do was done but the poison had already been absorbed into the circulation. He was con-
scious for about one hour. Coroner Woods of Delhi was sent for and after investigating did not consider an inquest necessary. The aconite was kept for the stock. Mr. McMullin’s death comes as a shock to the entire community and words of comfort and sympathy go out to the bereaved wife, who was Miss Jennie Ward of Franklin and to the young daughter. Mr. McMullin was about 47 years of age. The funeral service was held Wednesday afternoon at 2 o’clock.
STRONG NOMINEES ON TOWN TICKETS Democratic Nominations for Supervisor in Various Towns
CLERK CONTEST STIRS ANDES Larger Vote Than That Last Fall Expected at November Election–Enroll for Primaries. While this might ordinarily be considered an “off” year in politics, as no state officers are to be elected, the indications point to a larger vote being polled than in 1918 when the governor was elected. Several factors enter. Last fall many were kept from the polls by the fact that the epidemic of influenza was at its height. This was especially true in Walton. Then, too, the contests for town offices often create more local interest than the state contests as the candidates are known personally. Another factor is the fact that those who do not vote at the general election this year will be unable to enroll and participate in the primaries next year. Several towns have hot contests on for local offices. This is especially true in Sidney where the strike situation has become mixed into politics. The town offices to be filled include, in most of the towns, supervisor, town clerk, superintendent of highways, collector, justices, assessors, overseer of the poor and constables. In each town the Democrats have nominated strong town tickets and the men nominated for supervisor in the several towns are well qualified for that office and deserve the support of the electorate regardless of party lines. In Andes the contest for the office of town clerk is the center of interest. Arthur L. Carman, the present clerk, was defeated in the Republican caucus by Thomas W. Miller by a small majority. Mr. Carman is running on an independent ticket with Kenneth L. Marx as the Democratic candidate, The vote promises to be close. Harry E. Lakin, a well-known Shavertown man, is the Democratic candidate for supervisor. Although handicapped by the fact that he has recently undergone an operation in an Albany hospital for the relief of appendicitis and will be unable to make a personal canvass, Mr. Lakin is assured of a big vote. David L. Bruce is the Republican candidate. In the neighboring town of Bovina the Democrats have nominated for supervisor, Wallace B. Smith, a prosperous farmer, who is opposed by T. C. Strangeway, Republican. If Mr. Smith is elected the taxpayers of the town may rest assured that their interests are in capable hands. Archie Campbell, one of the best known men in the East Branch valley, is the Democratic candidate for supervisor in the town of Colchester. Mr. Campbell served two terms as supervisor of the town of Colchester and his experience and personal popularity assure his election. Charles A. Warren is the Republican nominee. Three other men who have ably served their towns in previous years as supervisor and who are well qualified for the office are William H. Travis of Hale Eddy, Democratic candidate for supervisor in the town of Deposit; Amasa G. Seaman of Delancey, who was the only Democratic supervisor elected in the town of Hamden in over sixty years, and J. B. Gilbert of Harpersfeld. Mr. Travis’ oppo-
nent is Alexander C. Huyck and in Hamden A. B. Shaw, the present Republican supervisor, is seeking reelection. Mr. Gilbert represented the town of Harpersfield on the board for two terms, declining & renomination two years ago. Hector S. Marvin has been nominated on both the Republican and Democratic tickets in the town of Delhi and in Franklin the Democrats have endorsed Leroy Evans, Republican, for Supervisor. No Democratic town ticket was nominated in Meredith where Everett S. Bisbee is the Republican candidate for supervisor. In the town of Kortright H. L. Eckert, chairman of the board of supervisors, declined to again be a candidate for supervisor. Leonard Smith, a well-known farmer, who recently disposed of his property, consented to become a candidate provided he had no opposition in either party and his name will appear on both tickets. Ralph S. Taber, popular Davenport young man, is the Democratic candidate for supervisor in the town of Davenport. Mr. Taber is a successful young business man who is associated in business with his father, E. A. Taber. If elected he will devote to the business of the town the same energy and business ability which has made a success of his own business. In Masonville Hobert Couse is the Democratic nominee for supervisor. No man in the town is better qualified for the office than Mr. Couse. If elected the business of the town will receive his careful attention and the taxpayers are assured of a business administration. Myron J. Faulkner of New Kingston is the Democratic nominee in the town of Middletown. This is an excellent selection as Mr. Faulkner is ably qualified by training and experience to look after the town’s affairs. In Stamford Thomas Murphy a well-known resident of Stamford villago, is the Democratic nominee. All indications point to the election of a Democratic Supervisor in the town of Hancock this fall. William L. McGranaghan, the party candidate, is one of the best known business men of the town. It would be difficult to select a man who by reason of his business ability and sound judgment, is better qualified to fill the office of supervisor in that town. Mr. McGranaghan is extensively engaged in the lumber business and is also associated in the mercantile firm of McGranaghan Brothers. He is one of the most popular men in the town of Hancock. The re-election of Edward Enderlin in Roxbury seems assured. During the past four years Mr. Enderlin has served the taxpayers of his town efficiently and capably and is entitled to re-election. Two other Democratic supervisors who are entitled to a reelection on their record are P. O. Wheeler of Sidney and Lester E. Kipp of Cannonsville in the town of Tompkins. Both of the Republican caucuses in Sidney, the first of which was set aside as illegal, have been controlled by the Kayser mill strikers and the attempt at the second caucus to hitch the dairymen’s league to the striking element by the nomination of Thomas W. Logan, a farmer at Youngs, is generally resented throughout the town. Mr. Wheeler and Mr. Kipp are men of sound and conservative judgment in whom the confidence of their townspeople was shown two years ago by their election by substantial majorities in towns usually heavily Republican. Both are entitled to re-election.
ESCAPED FROM DELHI JAIL Pilkington and Van Keuren Made Getaway Friday Afternoon. William J. Pilkington and “Ted” Van Keuren escaped from the Delhi jail last Friday afternoon about 4:30 o’clock. Both are now back in jail. Van Keuren gave himself up and Pilkington was captured in Utica.
Pilkington is the man who robbed the home of Charles Gregory at Bloomville during the week of the Oneonta fair and made away with $5,755 which had been hidden in a mattress. He was captured later in Kingston and the money recovered. Van Keuren, who is hardly more than a boy, comes from Fleischmanns and was used as a trusty about the jail, having considerable liberty. Pilkington was confined in the lower tier of cells in the jail and in some way climbed through a pipe to the second floor and escaped through a door which had been left unlocked, when he left, by Frank Leal, who had been doing some painting on that floor. Young Van Keuren was last seen by Mrs. Vandermark, wife of the sheriff, when she called to him to shut up the chickens. The escape was discovered a short time later and it was learned that the two had been seen going into the woods on the Meredith road. Van Keuren returned to the jail Tuesday night and gave himself up. Pilkington was captured in Utica and was brought back to Delhi Wednesday.
FARM HOUSE BURNED AT SIDNEY CENTER Home of Geo. Simonson Burned to Ground Monday
BUT FEW THINGS WERE SAVED Rug and Some Small Articles Only Things Rescued—Farm Sold to Hendersons. (From Sidney Center cor.) The farm house of George Simonson, near Sidney Center, burned to the ground early on Monday morning. Mr. and Mrs. Simonson were awakened by the dog barking at about four o’clock. The rear part of the house then was all in flames. They called Bert Finch on the telephone and he called the other neighbors. Without waiting to dress, Mr. and Mrs. Simonson began preparing to save some of their furniture, but the fire had gotten such a start that they were able to get out only a very few things and a rug. They saved but very little clothing. The origin of the fire is unknown. It seems to have started in the rear of the house although there had been no fire in that part of the house since their dinner hour on Sunday. The house and contents were insured with the Delaware County Farmers and Patrons Fire Relief association and they carried $500 on the house, $500 on the furniture and $50 on the contents of the cellar. The insurance does not begin to cover the loss, as there were many valuable family relics and things destroyed which money cannot replace. The farm had only recently been sold to the Henderson Brothers, who take possession in the spring. During the winter Mr. and Mrs. Simonson will reside in Bert Finch’s tenant house.
CANTWELL GETS YEAR SENTENCE Hobart Bank Clerk Pleads Guilty to Embezzlement Charge. Vincent Cantwell, until Labor day, employed as clerk at the Hobart bank, in United States court at Auburn on Saturday confessed to the embezzlement of several hundred dollars of the funds of that institution. Cantwell’s mother, it was disclosed, had mortgaged her home in efforts to make restitution to the bank, but Judge Augustus Hand of New York, who is on the bench in this district during the illness of Judge George W. Ray of Norwich, felt compelled to sentence him to a year and a day in the federal penitentiary at Atlanta, Ga. Cantwell was impassive during his arraignment, but when leaving
October 23, 2019
the court room broke down. Cantwell manipulated the shortage through his personal account, drawing checks of which, as ledger clerk, he made no record.
CREAMERY SEEKS TO RECOVER ON BOND Does Bonding Law Cover Co-operatives as Well as Producers:
CASE BEFORE HIGHEST COURT Case Involving Fine Point of Law Recently Argued Before Court of Appeals. A case of the greatest importance not only to the dairymen of Delaware county, but to the dairymen of the whole state of New York, was recently argued by Charles R. O’Connor of Hobart, in behalf of the farmers, in the court of appeals, which is the highest court in this state. It will be remembered that some years ago a law was passed by the legislature requiring persons who bought milk of producers to give a bond in the penal sum of not less than $5,000 to indemnify the farmers selling milk from loss, and this case arose under that statute. It seems that the statute provided that no person shall buy milk or cream within the state from producers for the purpose of shipping the same to any city for consumption or manufacture unless such person, firm, association or corporation be duly licensed, as provided by law, and that every such person, firm, association or corporation before engaging or continuing in the business of buying milk or cream for the purpose aforesaid shall annually, on or before August 1st file an application with the commissioner of agriculture for a license to transact such business, and that thereupon the state commissioner of agriculture shall issue to such applicant, upon payment of $10, a license entitling the applicant to conduct the business of buying milk and cream from producers for the purpose aforesaid until the first day of September next following. The statute also provides that said application must be accompanied by a surety bond in a sum not less than $5,000. The bond required to be filed to be given to the commissioner of agriculture in his official capacity and shall be conditioned for the faithful compliance by tlie licensee with the provisions of the statute, “And for the payment of all amounts due to persons who have sold milk or cream to such licensee during the period that the license is in force.” Joseph Israel on or about August 30, 1915, duly applied for such license to buy milk and cream, and concurrently therewith filed the bond in suit required by law and thereupon was duly issued to him said license to buy milk and cream for and during the year then next ensuing. During the spring and summer of 1916, and while said license was in force said Israel, as a duly licensed buyer of milk and cream, bought milk and cream from the Cold Spring creamery company, at Roxbury, for the purpose of shipping the same to New York city for consumption and which was actually shipped to New York city for said purpose, and for which he failed to pay in the sum of $1,570. After Israel had made default in payment the Cold Spring creamery company filed with the commissioner of agriculture its verified statement of said claim, and thereupon the commissioner of agriculture brought an action to enforce the said bond, conditioned as above stated. The creamery company being the only creditor who did make or file a claim against Israel, the action was brought against Israel as principal on the
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The Reporter
bond and the Globe Indemnity company as surety and the Cold Spring Creamery company was brought in by interpleader. The defendant Israel made default in appearance and pleading but the Globe Indemnity company defended and claimed that the action could not be maintained upon the ground that the bond in suit was given to indemnify producers of milk in their transactions with defendant, Israel, to whom the license was issued and that defendant creamery company did not own or have any cows and was not the producer of milk and did not produce any of the milk purchased and not paid for by the defendant Israel. The case came on for trial in New York in the summer of 1918 where the foregoing facts appeared and also that the creamery company was formed under the business corporation laws of the state of New York, and had its principal place of business at Roxbury; that it was incorporated April 1, 1899, by farmers and milk producers residing in the vicinity of Roxbury at a time when they were receiving only one and one-half cents a quart for their milk and many of the farmers had to draw their milk several miles in order to market the game at said price. The case was tried by Robert P. Beyer in behalf of the state, O’Connor & O’Connor appeared in behalf of the Cold Spring creamery company, Senator James F. Foley of New York, who is now a candidate on the Democratic ticket for surrogate of New York county, in behalf of the indemnity company, and the action was vigorously contested, although the indemnity company offered no testimony in its own behalf but contented itself with the testimony given by Adelbert Brink, of the agriculture department of the State of New York, Edward L. Kelly, secretary of the creamery company. George Bouton, its president, and F M. Bloomer, its manager. The trial court sustained the contention of the Globe Indemnity company and dismissed the complaint with costs. An appeal to the appellate division of the supreme court in New York county was immediately taken and the appeal was argued in New York by Mr. Beyer for the state and Mr. O’Connor for the farmers. The appellate division, which is composed of five judges, reversed the decision of the trial court by a three to two vote and the prevailing opinion in the appellate division held that the Cold Spring creamery company was under the circumstances of this case a producer and was within the purview of the statute and also that the defendant indemnity company was liable under that provision of the bond which provided that the licensee shall promptly make payment to the proper person or persons of all amounts due to persons who have sold milk or cream to said licensee during the period that the said license is in force, then said application to be void otherwise to remain in full force and virtue. From this decision the Globe indemnity company appealed to the court of appeals where the case was heard by a full court, composed of seven judges, Mr. Beyer arguing in behalf of the state, Mr. O’Connor in behalf of the farmers and Senator Foley in behalf of the Globe Indemnity company. The point raised is a very interesting one and affects a large number of farmers and milk producers in the state because the co-operative creamery is found in practically every milk producing center in the state and if the bond which the purchaser is required to give is not valid and cannot be enforced where the seller is a Co-operative creamery company organized as the Cold Spring creamery company is organized, then the statute and the bond required thereby really affords but little protection to
the milk producers of the state. The result of this test case will be watched with great interest by people generally in this state.
CROPS SHOW IMPROVEMENT Late Frosts Help Increase Shown Over Earlier Estimates–Shortage of Potatoes. As a result of the generally warm weather and good growing conditions that prevailed in this state during September the yields of corn, beans, buckwheat, potatoes, apples and pears will be larger than was expected a month ago. According to John B. Shepard of the U. S. bureau of crop estimates only a few localities were frosted before Sept. 27 and most of the state escaped damage till Oct. 8 by which time practically all corn and buckwheat had been cut. The corn crop is so much better than ever before that there is no basis for comparison, but from the reported condition of the crop on Oct. 1st a yield of 44 1/2 bushels per acre is indicated. The highest average yield of corn ever previously recorded in this state was 41 bushels in 1914. Compared with last year, however, the increase in corn will go only half way to make up for the great reduction in oats. Buckwheat is now expected to average nearly 23 bushels per acre, a yield not often equaled, and the crop of beans will probably be the best in five years, with an average yield close to 14 bushels per acre. Tomatoes have all been a good crop in this state this year. Canning factories report the average yield as over 7 tons per acre compared with 6 2/3 tons last year. Along the Atlantic coast, however, the crop was damaged by too much rain and the total quantity of tomatoes canned in the United States will be only about half as great as last year. Cabbage has been a disappointment to the growers this year. So many fields have been almost completely ruined by aphis that the average yield will be only about 5 3/4 tons per acre, or fully two tons less than usual. Both in this state and in the country as a whole the acreage harvested is nearly one-fifth less than last year. Considering the short crop the price is not as high as many growers think it ought to be. One explanation of this is that so large an amount of sauer kraut made last year is still on hand that this year hardly a quarter as much cabbage as usual will be cut for kraut. On the whole this has been a good season for New York state farmers for the yield per acre of all crops combined is seven per cent above the average of the last ten years. As the crops of the United States are one per cent below the average the farmers here can count on fair prices, Some of the eastern counties have had too much rain and a section around Buffalo has suffered from drouth but on the whole the farmers of the state have little ground for complaint. Although the total apple crop of the country is only seven per cent less than the average, the fruit has been selling at the highest prices ever paid at this season of the year since apple growing became a commercial industry. This is due chiefly to the generally high level of all prices and to the scarcity of some other fruits, but the unprecedented demand for cider apples has helped to keep up the price. In western New York the commercial crop is now estimated at one and one-half million barrels as compared with four and one-half million last year. Growers, on Oct. 1, were receiving from $6 to $6.50 per barrel for A grade fruit and from $4 to
$5 per barrel for tree run. Cider and evaporator stock are selling mostly at $1 to $1.25 with some up to $2 per 100 lbs. and apples for canning are mostly from $2 to $2.50 per hundred pounds with a few sales as high as $4 per hundred pounds for handpicked fruit. In the Hudson Valley, where the commercial crop will be nearly a million barrels compared with two-thirds of a million barrels last year, growers are receiving from $9 to $10 per barrel f. o. b. for McIntosh, $9 for Jonathan and Spy, $7 to $8 for Greenings, $7 to. $7.50 for Baldwin and Stark, and $5.50 to $6 for Ben Davis. Growers are now getting from $2 to $3 per barrel for pears and the commercial crop in this state is now estimated at nearly a million bushels. In spite of the losses caused by late blight and the resulting rotting of the tubers the potato crop of the state will be larger than seemed probable a month ago. East of the Hudson, in Washington and Rensselaer counties, the rot has been severe and has destroyed half or more of the crop in some fields. On Long Island where in August a record yield was expected, the rot has destroyed approximately 45 per cent of the late crop but the disease does not now seem to be increasing and an average yield of 165 bushels per acre seems likely to be secured. The total crop of potatoes in this state, including those used at home, saved for seed or sold on local markets, is now estimated at 33 1/2 million bushels, an average of nearly 94 bushels per acre. This is a million bushels more than the estimate of last month and only a million bushels less than were harvested last year. At present only about 100 carloads per week are being loaded on Long Island and about the same number in the remainder of the state. In the northeastern counties prices vary from 90 cents to $1.20 per bushel, averaging around $1.07. Close to the large markets the price is higher and on Long Island an average of about $1.42 is being paid to farmers. Potatoes which usually decline less than 10 cents per bushel between Sept. 1 and Oct. 1 declined nearly 60 cents. This was due in part to late potatoes being relatively more plentiful than early potatoes and in part to the rot which has checked shipments in some localities. Taking into consideration the prices of other commodities and the size of the crop the price which farmers are now receiving for potatoes would seem to be about 20 cents a bushel low in comparison with former years.
DEATH FOLLOWS OPERATION Frank E. Parks Succumbs to Appendicitis in Albany Hospital. Frank E. Parks, who lived on a farm near Downsville, died Friday, Oct. 17, in an Albany hospital following an operation which he underwent Tuesday afternoon for the relief of an acute attack of appendicitis. Mr. Parks was taken ill Monday and was taken to the hospital Tuesday, accompanied by Dr. Brittain. He is survived by his wife and six children, Ellen May, Robert, Sarah, Charlotte, Ned and Katherine. He leaves also three sisters and four brothers, Mrs. John L. Davis of Matanioras, Pa., Mrs. E. Hotaling of Franklin, Mrs. Riley Dann of Sidney, Norman Parks of Franklin, Oscar Parks of East Sidney, William Parks of Norwich, and Henry Parks of Middletown. His death was the first in a family of eight children. His age was 38 years. The body was taken to Downsville where the funeral
was held Monday afternoon at one o’clock at the Methodist church, conducted by the pastor, Rev. H. D. Chace. During the service the business places of the village were closed as a token of the esteem in which Mr. Parks was held by his fellow townsmen.
WAGON WAS OVERTURNED Horse Frightened by Road Worker Near Cannonsville. (From Cannonsville cor.) Monday Mrs. Roxey Jones of Masonville and daughter, Mrs. Lottie Hager, of Walton, and her daughter, Mrs. Harvey Reynolds, of Andes, who had been spending the day with Mrs. Jones’ sister, Mrs. Colvin, and daughter, Mrs. G. O. Winters, met with a fortunate accident. They had started for home when the horse which they were driving became frightened at the steam road worker. James Sherman took the horse by the head to lead it by the machine, but the animal sprang into the ditch, overturning the carriage and throwing the occupants out. The horse was soon controlled. When it was found that no one was injured nor the carriage broken the ladies drove home in safety.
26,189 ARE REGISTERED Walton Leads With 3,248 Voters on the Rolls. Saturday, Oct. 18, was the last day of registration and the tabulated figures for the county show a total of 26,189 voters registered. The registration by towns is as follows: Andes, 1,211; Bovina, 465: Colchester, 1,741; Davenport, 858; Delhi, 1,671; Deposit, 974; Franklin, 1,387; Hamden, 775; Hancock, 2,503; Harpersfield, 728; Kortright, 722; Masonville, 580; Meredith, 714; Middletown, 2,291; Roxbury, 1,369; Sidney, 2,685; Stamford, 1,314; Tompkins, 1,018; Walton, 3,248.
SIDNEY MAY BOND FOR ROADS Petition Circulated for Submission of $75,000 Proposition. (From Sidney Center cor.) A petition was circulated last week to get the taxpayers to bond the town of Sidney for $75,000 to build the macadam road from Sidney Center to Sidney. The road proposed for improvement is about eight miles in length.
RECOVER STOLEN MONEY Arrest Probable Soon in Dunraven Burglary. When the home of John Sholakis, a Greek farmer living near Dunraven, was burglarized September 29 during the absence of the family, it was generally believed by the authorities that the theft was committed by someone familiar with the place. About 5,000 Russian rubles, worth a few hundred dollars, $124 in United States currency and a gold watch and a gold pin were reported missing. A certain party living in the neighborhood has insisted that the search for the missing articles and money be kept up about the house and premises of Sholakis. On October 10 the search was rewarded by finding the above items concealed in an old mattress upstairs in the Sholakis home. This mattress had been thoroughly gone through before and nothing found.
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CEMETERY LOVERS By Tina and Dale Utter stonecroft@citlink.net
The Trout Creek Carver
A few years ago we were headed to Walton. In Trout Creek, Tina took a right and said she wanted to show me a special gravestone. We stopped at Reifinberg Cemetery. We wandered about looking at stones when I came upon one toward the back that I could tell was the one she was talking about. The inscription was framed by little squares, their points touching the one next to it. This framework started at the bottom of the stone and went to the top where it curved around and returned to the bottom. There was a dot in the middle of each square. The inscription, from 1826, was very clear and easy to read. The “p” in departed was the most unusual letter “p” that we had ever seen. Above the inscription was the cutest picket fence with a gate. On both sides of the gate was a tree and above them was a horizontal coffin. The trees and the coffin were unusual. Normally we see lines made with a chisel that show the outline of objects such as trees, urns or tombs, or find the stone removed around the object to show the object done in relief. On this stone the trees and the coffin were displayed in negative space. We seldom see iconography and never the way this carver had done it. In our cemetery travels we often see carvers with unique styles and wonder where he came from and if we will see his work somewhere else. We never did see any more stones like this in the Trout Creek area so he remained a mystery. Few sandstone gravestones are signed by the carver so who they are seems to be lost to history. Another time we traveled searching for another carver’s work near Oakland, Pa., (formerly Harmony) when suddenly the road widened into several turning lanes as if it was a very busy area. On one side of the road was a temple and on the other side was a cemetery. As we pulled into the cemetery we saw granite gravestones but beyond them were buildings - reproductions, constructed in 2015, one representing where Joseph Smith, founder of the Mormon religion, and his wife Emma came to live in October, 1827, ten months after they were married. Another house represented the home where Emma Hale’s parents had lived and farmed. We crossed the road to the Mormon temple. Attached to it was another building. We went in and a couple warmly greeted us. The building was a museum depicting the origins of the Mormon religion. It was excellent, with interactive displays meant to involve young
Services for the DeLancey, Hamden and West Delhi Churches during the month of October will be held in the Hamden Church at 11 a.m. with Rev. Connie Stone. There is now a Blessing Box in front of the Hamden Presbyterian Church, people to donate food and toiletries. People who are in need of these items are welcome to take them. I welcome news from folks. Give me a call: 607-746-6860 or email me: lshepard@delhitel.net. The Central Delaware Trinity Covenant youth group for kids in grades 7 to 12 will have its first gettogether on Wednesday, Oct. 30 - a Halloween party at the DeLancey UP Church, 6:30 p.m. Blessings and we’re thinking of you, Paul Moody. After being in California visiting their son Patrick and his family, Marty and Mary Conklin returned home to find a visitor had left a pair of red bloomers hanging on their trailer. Now being they were red in color they had to think Santa was passing by and left the bloomers as a calling card. Final free rabies clinic by the
children so they could learn and enjoy it as well. All our questions were answered and a gentleman showed us around. Before we left they told us to be sure to stop by the cemetery to see where Joseph and Emma’s son was buried as well as Emma’s parents. In the cemetery, we found that the sandstone and marble gravestones had been very professionally set in granite to help preserve and protect them. We wondered how we had missed this older section when we drove in and we were surprised to find the stone of a carver that we associate with Chenango County - but this stone was different. The detailing around the stone was his and the lettering started out like his work but then the lettering changed in style, and the date - 1850 - was later than any of his other work that we had seen. We occasionally observe cases where one carver starts a stone and then another finishes it. Usually we find that one did the detail work and another the writing. It can get very confusing to identify a stone carver, and we always wonder why it happened. Did the original carver die? Did he just never make it back to the area? Perhaps another carver asked a local carver to finish the stone? Answers I am afraid we will never know. In looking further we were surprised to find our carver who did the picket fence in Trout Creek. We did not find anything as fancy as the one there but this was certainly his work. We saw little picket fences, negative imaging and his distinctive lettering style. This was clearly the area he called home as we found at least 10 stones that we could attribute to his hand. A closer look at the stone mentioned above that had been worked on by two different carvers showed us that the stone was finished by him. Last year we talked to our friend Mary Dexter and her niece, Kate, about the little picket fence carver of Trout Creek. She told us she had seen another of his stones in Gibson, Pa. First chance we had, we visited that cemetery. Although this stone was not as elaborate as his Trout Creek work, in our opinion, it was his second best, with a picket fence covering nearly the full width of the stone, with the little squares and large, negative-imaged coffin. This stone was dated 1820. This experience taught to us not to assume that we will never see another example of a carver’s work. We are more vigilant in our cemetery wanderings and always on the lookout for the work of carvers we like.
public health dept. will be held Wednesday, Oct. 30, from 6 to 8 p.m. at the Bloomville Fire Hall. Coming up on Saturday, Nov. 2, is the Delhi First Presbyterian Church Holiday Bazaar from 9 a.m. to 3 p.m. Quiche, salad, rolls and fruit crisp for $8 will be available from 11 a.m. to 2 p.m. There will be lots of country crafts, white elephant, Christmas items, books, bake sale and lots of other items. Oct. 26 - Twilight Lantern Tours at the Gideon Frisbee House at the Delaware Co. Historical Assoc. at twilight and experience a guided lantern tour of the historic 1797 Gideon Frisbee House. Tours will leave promptly at 5, 5:45 and 6:30 p.m. Refreshments; RSVP required by Oct. and 25. To register call 607746-3849. Early bow hunting season is open until Nov. 15. Fun days of October: 22, National Nut Day; 23, National Mole Day; 24, National Bologna Day, United Nations Day; 25, World Pasta Day; 26, Make a Difference Day, National Mincemeat Day; 27, Mother in law Day, Navy Day, National Tell a Story Day; 28, Plush Animal Lov-
October 23, 2019
The Reporter
Handling Criticism Colonel Goethals received tremendous criticism throughout the planning and building of the Panama Canal. An assistant had all he could take of the criticism one day. He asked the Colonel, “Aren’t you going to do anything about all of this criticism?” “Yes I am,” was the Colonel’s calm reply. “What?” asked the assistant. The Colonel answered, “By finishing the Canal!” Your greatest enemy is anything that stands between you and doing what God has called you to do. Defeat that enemy by doing what God called you to do! 1 Have you ever been criticized? Sure, we all have. It might be on how we dress or how we act. It could be on our job performance. The question is what we do with the criticism. First, sometimes criticism is warranted. Perhaps there is some truth in what is being said. “An open rebuke is better than
hidden love. Wounds from a sincere friend are better than many kisses from an enemy.” Proverbs 27:5-6 NLT Criticism is not enjoyable to receive, but if we keep a teachable spirit, we need to be open to learning from what has been spoken to us. Second, sometimes criticism is not warranted. It is “off the wall.” It’s like, “Where did that come from?” As we process the criticism, we must filter it for accuracy, appropriateness and against God’s word. If it’s not warranted or unfair, we must learn to let it go and move on. However, this is where the enemy of our soul can move in. When we get unfairly criticized, we can get hurt. When we get hurt, there is a tendency to pull back in our level of engagement. When we pull back, we stop doing what we enjoy. The danger is getting derailed from our bigger picture God-given purpose. If we stop going to church because of unkind words or quit volunteering at our favorite charity, we end up being on the losing end.
As I have reflected on the times I’ve been criticized and have said “forget this, I’m not going to do it anymore,” I’ve come to realize it’s a tactic of the enemy to derail me from my bigger-picture calling. The enemy wants me to pull back and be sidelined. He seeks to hijack what I really enjoy doing. He desires to neutralize my effectiveness in life. Psalm 138:8 says: “The Lord will fulfill His purpose for me; your love, O Lord, endures forever – do not abandon the works of your hands.” God won’t abandon us. The question is, will we abandon Him? So, if you have been criticized, evaluate it. If it’s valid, learn from it. If it isn’t, let it go. But whatever you, don’t let it derail you from God’s purposes for your life. Do what Colonel Goethals did: keep building your canal (whatever that is)! Larry Light, Pastor, New Hope Community Church, 607-8655436. 1Source: Tim George, Sermon Central
The leaves have turned and soon will be a protective blanket for the coming chill. This celebrates the end of harvest, with the first celebration - Halloween. Some think it started as a pagan Gaelic harvest celebration that was Christianized as Allhallows Eve. Halloween activities include trick or treating, attending Halloween costume, carving pumpkins into jack-o-lanterns, lighting bonfires, apple bobbing, playing pranks, visiting haunted attractions, telling scary stories and watching spooky movies. In many parts of the world, the Christian religious observances of All Hallows’ Eve, attending church and lighting candles on the graves of the dead, remain popular, although elsewhere it is a more commercial celebration. Whichever way you celebrate, I always enjoyed dressing up and now I enjoy watching the kids. Downsville’s Halloween parade will be Thursday, Oct. 31 at 1:15 on Main Street, weather permitting, or in the gym at school. If you are downtown to watch the Halloween Parade Thursday, take a minute to stop in at Community Bank to thank Sindee Nevin for serving our community for the past 42 years, through Downsville National Bank, to Wilbur Bank and now to Community Bank, always with a kind smile. We wish her the best in her retirement. Another Halloween event -
Halloween Fun at the James S. Moore Post 167 on Oct. 26 starting at 5 p.m. Activities will include a costume contest, haunted house, trunk or treat. Refreshments will be available provided by the Team Clover 4-H Club. How do you fix a broken pumpkin? With a pumpkin patch. If you are doing a fall closet clean out no longer need items can go to the Colchester Community Church Rummage Sale which starts Thursday, Oct. 24 through Oct. 26. Donations can be dropped off at the Downsville Fire Hall on Wednesday, Oct. 23. Bag day is Oct. 26. REMEMBER the Downsville Central School will dismiss early on Oct. 25. Release time is 11:30 a.m. Tickets are available for the Corbett Community Corporation fundraiser. First prize is a Savage 270 Winchester w/ Weaver 3-9x40 Scope, second prize a PSE Coalition Cross Bow 380 FPS, third prize is a Real Tree two man 15’ ladder tree stand. Tickets are $10 each or three for $20. The fundraiser benefits the repair and maintenance of the Corbett Community Hall. For tickets and for booking the hall for events contact Tammy Lacey at 363-2825. Drawing date is Dec. 1 at 5 p.m. Winner need not be present to win. There is still time to join the DVRR Club by Oct. 31 to be entered for a chance to win a ticket
to the Colchester Chamber of Commerce raffle. This prize includes two admissions to the party, free drinks, buffet and music. The party will be held at The Old Schoolhouse Inn and Restaurant on Sunday, Nov. 10, from 1-4 p.m. The drawings include various cash prizes, 50/50, and basket raffles/gift certificates. Plan your day to come to Downsville early on Nov. 10, stop in at the annual fall craft/vendor fair in the Downsville Fire Hall - doors open at 9 a.m. Do some holiday shopping before you go to the Chamber party. There is still time to participate in the Community Bank in Downsville Veteran’s Honor Wall for Veterans Day. Bring in a photo of yourself while in the Military or bring in your family members’ photos. Any and all help spreading the word and getting photos in appreciated. Thank you for your help. Veterans services will be held at the Downsville Central School. DVRR Snowmobile Club snowmobile safety course will be held on Sunday, Dec. 1. Contact 363-7814. Happy Birthday Oct. 23 - Joann Amato; Oct. 26 - Luke Watson and Dee Watson; Oct. 30 - Garen Griffith. Nov. 1 - Kandi Elmore; Nov. 2 - Sherman Foote; Nov. 5 Ramona Ryan.
ers Day. Grandma’s recipe this week: Pumpkin Spice Layer Cake: 2 1/2 cups cake flour (if you don’t have cake flour use regular flour - remove 2 Tblsp of the flour and replace it with 2 Tblsp cornstarch) 2 tsp baking powder, 2 tsp pumpkin pie spice, 1/2 tsp salt, 1 1/2 sticks unsalted butter, at room temp, 1 1/2 cups packed dark brown sugar, 4 large eggs, 1 cup canned pumpkin, 3/4 cup milk, 1 tsp vanilla. In large bowl beat butter until smooth, then add brown sugar. Beat in eggs one at a time, then pumpkin. Mix together in another bowl the flour, baking powder, pumpkin pie spice and salt. Add half of this mixture to the other mixture along with the milk and mix well. Add rest of the flour mixture and the vanilla. Pour batter into two greased layer cake pans. Bake in 350 oven for 35 minutes or until tested done. Frost cake layers with your favorite vanilla frosting. My thoughts of the week: Even though it’s been a little colder it has been a beautiful fall week. Looking up the valley on Wednesday evening we had a beautiful sunset and the colors of the trees were very pretty. We got our first killing frost on Friday morning. I’ve been watching the dam the river beavers have been building by our
bridge here. I just hope it doesn’t get big enough to cause problems with the river flow. As with many holidays, Halloween is rooted in our agricultural past, marking the end of harvest time and the beginning of the new year. Halloween and many of its customs can be traced to Samhain, an ancient pagan Celtic festival that is Gaelic for summer’s end, a day to bid goodbye to warmth and light. The Roman Catholic Church designated Nov. 1 as All Saints Day, in honor of all Catholic saints. It was celebrated with a mass, bonfires and people costumed as angels and saints parading through the villages. Nov. 2 brings All Souls Day, a holy day set aside for honoring the dead and departed. Just as Nov. 1 was once called All Hallows Day, Oct. 31 was called All Hallows Eve. Over time, All Hallows Eve was shortened to Halloween. Lynn Kinch’s joke of the week: A patient tells a psychiatrist that he’s convinced there’s somebody living under his bed. “Visit me for three days a week at $300 a visit and you’ll be cured,” the psychiatrist assured him. The price tag is a little rich for the patient, so he says he’ll think about it. Six months later the two meet on the street. “Why didn’t you come to see me about those fears you were having?” asks the
psychiatrist. “Because a bartender cured me for only $10.” “How?” “He told me to cut the legs off the bed.” Senior Moments: My granddaughter got very excited last time I visited because she wanted to show me a video on this You Tube thing. It was of a cat doing something or other, nothing special. But it made my granddaughter giggle, so I humored her and chuckled right along with her. After we were done, she looked up at me with those big doe eyes of hers. “Grandpa,” she said, “Did you have anything like You Tube when you were Young?” “Yes we did,” I said proudly. “What was it called?” she asked, eyes widening with excitement. “Television,” I said. A cute saying: Animals are such agreeable friends, they ask no questions, they pass no criticisms. Helpful Hint: It’s the time of year when we like to make pies. When I make a double-crusted pie I always wet the edge of crust on the bottom layer before I put the top crust layer on, this makes the two crusts stick together when baking. Experts say to brush the top of the pastry with water which moistens the dough so it can hold on to more sugar which gets transformed into a candy-like layer when baking.
By Larry ight
October 23, 2019 12
3 Injured in Walton 4 Car Pile Up A four car pileup on state Route 10 in Walton on Oct. 14, sent three people to the hospital. One of those people was airlifted to Wilson Hospital in Binghamton. The collision, according to a Delaware County Sheriff’s Office press release issued Oct. 16, was caused by Nathan D. Plante, 19, of Margaretville, who swerved into an oncoming lane of traffic to avoid colliding with a vehicle in his lane of travel, which was stopped for construction. Plante struck a vehicle operated by James K. Zimmerman, 71, of Clemson, S.C. and then struck a second vehicle operated by Jarred J. Robinson, 37, of Walton. Robinson’s vehicle, according to the press release, then struck a vehicle operated by Robin S.
October 23, 2019 23
The RepoRTeR TheReporter
Wagner, 59, of Tonawanda. Robinson was transported to Delaware Valley Hospital for treatment of a leg injury and a passenger in his vehicle, Scott A. Fitch, 41, was airlifted by LifeNet to Wilson Hospital in Binghamton for a possible spinal injury. Plante was also transported to Delaware Valley Hospital for treatment of possible internal injuries. Deputies were assisted at the scene by Walton Police, New York State Police, Walton Fire and Emergency Medical Services, Downsville Emergency Medical Services and AMR Ambulance Service. Plante was ticketed for speed not reasonable and prudent and failure to keep right.
Police Blotter Incidents published in the Police Blotter come directly from reports provided by local law enforcement agencies. These reports are a record of the actions taken on a given day by these agencies. Nothing in the published blotter should be construed as a finding of guilt.
Delaware County Sheriff’s Office Herman Harris, 49,
• Altamont, was arrested on Oct. 15 and charged with third-degree aggravated unlicensed operation of a motor vehicle and speeding, following a traffic stop on state Highway 30 in Middletown. He was released to reappear in Middletown Town Court at a future date. • Miguel Sotelo, 28, of Fort Plain, was arrested on Oct. 7 and charged with aggravated unlicensed operation of a motor vehicle, unlicensed operation and failure to keep right following a property damage accident in Meredith. He was released on his
own recognizance to answer the charges in Meredith Town Court at a later date.
New York State Police
• Nicholas A. Colson, 30, Delhi, was arrested by Stamford State Police on Oct. 3 and charged with speeding and second-degree unlawful possession of marijuana following a traffic stop on state Route 10 in Hamden. He was issued appearance tickets to answer the charges. • Norman Ellis, 35, Hancock, was arrested by Deposit State Police on Oct. 19 and charged with third-degree menacing. He was issued an appearance ticket to answer the charge. • Joshua E. Cutting, 44, Sidney Center, was arrested on Oct.
20 by Sidney State Police and charged with driving while intoxicated on state Highway 8 in Sidney. • William F. Higgins, 62, Sidney Center, was arrested on Oct. 16 by Liberty State Police and charged with driving while intoxicated and second-degree unlawful possession of marijuana following a traffic stop on Cooley Road in Parksville. • Jared M. Lodholm, 31, Livingston Manor, was arrested on Oct. 15 and charged with fifthdegree criminal possession of a controlled substance, seventhdegree criminal possession of a controlled substance and second-degree unlawful possession of marijuana.
Move Over, Save A Life By Senator James L. Seward Emergency workers, police, and highway crew members put themselves in harm’s way every time they respond to a roadside accident. Oftentimes, these hardworking individuals are attending to life-threatening situations where time is of the essence. They work in tight spaces on roadside shoulders and they are focused on doing their job. These individuals need to know they are able to work safely, without constantly looking over their shoulders and worrying about speeding motorists. That’s where New York’s Move Over Law comes into play. New York’s Move Over law was first enacted in 2011 to protect New Yorkers working along roadways and has since been expanded to include a wide range of emergency and hazard vehicles. The Move Over Law pertains to both sides of the road - not just the shoulder on the right - and includes tow trucks, construction vehicles, highway maintenance vehicles, police vehicles, fire trucks, and ambulances. The law now applies to vehicles with flashing blue, green, red, white, or amber lights, giving law enforcement more authority to penalize violators who jeopardize the safety of those working along highways. New York State Police issued 13,059 Move Over violations in 2018. Violators can face two points on their driver licenses and a minimum $150 fine for the first offense.
SINCE 1966
Throughout the summer, State Police worked with NYSDOT on a joint initiative called “Operation Hard Hat,” which featured State Troopers dressed as highway workers to crack down on work zone violations and highlight the importance of safe driving through active construction and maintenance work zones. Troopers were on the lookout for motorists who violated the Move Over Law and issued hundreds of tickets for a variety of violations. In the lead up to National Move Over Day (Saturday, Oct. 19), I was afforded the privilege to take part in a press conference highlighting the importance of staying vigilant and driving safely when encountering emergency and hazard vehicles on our highways. Officials from the New York State Thruway Authority, New York State Department of Transportation, New York State Police, and the Governor’s Traffic Safety Committee also took part in the press conference to raise awareness and urge drivers to obey this key law. The event took place at the New York State Thruway’s Herkimer Maintenance Section in Herkimer County next to Ron Deming Memorial Garden. This site is quite meaningful because almost three years ago we tragically lost Ronald Deming of Little Falls, a thruway maintenance employee, who was killed while assisting in the recovery of a vehicle previously involved in a traffic accident. Ron was doing his job – helping others. Sadly, he
became the victim. Sally Deming, Ron’s wife, also took part in the awareness event. I have immense respect and admiration for Sally who has been an outspoken advocate for the Move Over Law. Sally is spreading an important safety message and keeping Ron’s memory alive by telling his story. It was my honor to speak with Sally and look over a memorial plaque at the garden honoring Ron.
You can read more about New York State’s Move Over Law and view a public safety announcement (PSA) featuring Sally Deming on the New York State Thruway Authority website at www. thruway.ny.gov/travelers/safety/ moveoverlaw.html. Along with the PSA, the thruway authority staffed a special exhibit at the New York State Fair featuring equipment damaged in work zone incidents on New York
highways. We can all do our part to make sure similar tragedies are not repeated on our roadways. When you see flashing lights on the side of the highway, slow down, and when safe, move over. That simple act behind the wheel can mean the difference between life and death and ensure that a husband or wife, a father or mother, will make it home safely to his or her family.
Compliments
ering her petitions during what obviously were her office hours. Apparently this is not a one-time occurrence, and voters should be concerned that she is doing business not related to the town board at the taxpayers’ expense. I am confident Sheila Paul, with her experience interacting with the public in the Hartwick administrative offices, banking and real estate, is capable and qualified of working with the town board to provide the services we expect and need from a town clerk. Her election should not be interpreted as an interruption of services, but rather an enhancement of what we are currently receiving. SUSAN SKLENARIK SIDNEY Paid Endorsement
uals for the role of Town Clerk. The Town Clerk’s position is the nuts and bolts of the entire Town operation. Lisa French, the present Town Clerk, and the Candidate which I support, understudied her predecessor for at least 6 months prior to assuming the position, and pursued additional training and certification to enhance her capabilities in this role. She has publicly shared her qualifications for your consideration and given faithful service for the past 12 years. The Office’s present hours of operation, 9 to 1, 2 to 4:30 daily are exactly the same hours that were maintained by the previous Clerk Nancy Norton, and are in excess of most other Township hours of operation. This election will depend on how many voters are responsible enough and judicious enough to give serious thought to the above three questions, and look beyond the social gatherings, and exuberant celebrations that can often too easily mask the urgent issues that are at stake. In the midst of all the activity of these busy days, is the daily effort of the current, easily overlooked, faithful Town Clerk seeking to maintain her ongoing day to day responsibilities, handle her campaign as best she can, and depend upon the good sense of an informed and discerning community to support her. On Election Day, you will be making a choice between a credible and consistent Candidate in Lisa French as opposed to an individual whose effectiveness in a role such as this is unproven and unknown. Choose wisely, there is no second opportunity! God bless GENE PIGFORD, SUPERVISOR SIDNEY TOWNSHIP Paid Endorsement
I would like to express my gratitude for the wonderful news coverage you provided with the recent Heart of the Catskills Shelter walk fundraiser celebration. Lillian Browne has the gift of submersing herself into any event, becoming a part of it and expressing in words and photos, the spirit of anything she is covering. The shelter is always in need of strong advocates and Lillian’s writing touched on many different aspects of the celebration and what the shelter’s mission is. I have great respect for Ms. Browne’s professionalism, accurate and insightful journalism and talent. Thank you for making local events such as this one a priority of your publication. TERRY HANNUM S. KORTRIGHT
Mission: Experience, Transparency, and Honesty
This year the Sidney voters have an opportunity to choose between two candidates for the position of town clerk-the incumbent, Lisa French, or the winner of the primary, Sheila Paul. Eight years ago I supported Ms. French, but this year I am giving my support to Ms. Paul. Ms. French recently sent out a mass mailing stating, “Experience, transparency, and honesty. That is my mission as your Sidney Town Clerk.” If you look closely at the postage paid in the upper right comer, you will discover PAID NY FIRST. I have been unable to find any information about this group, so I find it troublesome that Ms. French’s campaign is possibly being financed by an outside organization that itself lacks transparency. Furthermore, two years ago while I was at the BOE delivering petitions, Ms. French arrived deliv-
Residents of Sidney Township
This coming Election Day, Tuesday, November 5, the residents of Sidney will be called upon to make one of the most important choices in Sidney’s recent history, as they cast their vote for Town Clerk. This decision involves much more than choosing between two nice ladies who want the job. In the workplace, if someone were conducting interviews with potential candidates for such a position, the three questions uppermost is their mind would be 1. What are the responsibilities of the position? 2. What are the qualifications of the Candidates? 3. Who has the most credible references? Any other characteristics or events supporting a candidate are very secondary to adequate answers for the above. The role of Town Clerk in Sidney exceeds significantly the generic description provided in most State man-
The Reporter welcomes letters to the editor. Letters should not exceed 300 words; letters must include the writer’s name, address and phone number for verification, but only the writer’s name and town of residence will be printed. No more than two submissions within 30 days will be considered for publication. Letters to the editor are not to be used as a community calendar. The Reporter reserves the right to edit letters for length and / or content. Letters deemed inappropriate will be rejected. Endorsement letters for political candidates are not accepted and are considered paid advertisements. A paid endorsement notice can be purchased in three sizes: 50 words or less for $15; 51-175 word endorsement - $50 or 176-300 words for $75. Submit letters by email to editor@The-Reporter. net or by U.S. mail to 97 Main St., #5, Delhi, NY 13753
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The Reporter
October 23, 2019
We all want the same thing. And the 1.2 million members of Rotary around the world are making it happen. Rotary’s educational programs and scholarships are dedicated solely to promoting peace. Together we can create a more peaceful world.
Rotary. Humanity in motion. www.rotary.org
October 23, 2019
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The Reporter
ONE WORD PER BOX • PHONE NUMBER IS ONE WORD ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— Name _____________________________________________ Phone___________________ Address ______________________________________ City _________________Zip_______
or call 607-464-4009 ANTIQUES TREADLE sewing machine for sale. Minnesota about 1907. Comes with attachments and illustrated instruction booklet. Asking $485. In good condition. 607-464-4080. TFAQ
AUTOMOTIVE HANKOOK I PIKE RS winter tires. A set of 4. 215/50R17. Like new, $200 or best offer. 607-5633483. 43AU Donate your car to Wheels For Wishes, benefiting Make A Wish. We offer free towing and your donation is 100% tax deductible. Call 914 468 4999 Today!O43AU Call Charlie to store your car safely all winter. 607-865-4919.
44AU
FAMILY HEALTH CARE VIAGRA & CIALIS! 60 pills for $99. 100 pills for $150. FREE shipping.Money back guaranteed! 1-855-579-8907 O43HC
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GENERAL Buying diamonds, gold, silver, all fine jewelry and watches, coins, paintings, better furs,
PROGRAM TECHNICIAN Minimum A.S. with 2 years experience or B.S. with no experience. Excellent benefits. Salary $40-50K.
DELAWARE COUNTY SOIL & WATER CONSERVATION DISTRICT Call 607-865-7090 or visit dcswcd.org for a Job Announcement.
Cover letter, resume and application due by 11/18/19.
complete estates. We simply pay more! Call Barry 914-260-8783 or e-mail Americabuying@aol. com O43G
Bathtub, gun rack, double sink. Charlie wants to see them find another home. 607-865-4919. 44G DISH TV $59.99 For 190 Channels + $14.95 High Speed Internet. Free Installation, Smart HD DVR Included, Free Voice Remote. Some restrictions apply. 1-888-609-9405 O43G
Get DIRECTV! ONLY $35/ month! 155 Channels & 1000s of Shows/Movies On Demand (w/ SELECT All Included Package.) PLUS Stream on Up to FIVE Screens Simultaneously at No Additional Cost. Call DIRECTV 1-888-534-6918 O43G
Eliminate gutter cleaning forever! LeafFilter, the most advanced debris blocking gutter protection. Schedule a FREE LeafFilter estimate today.15% off and 0% financing for those who qualify. PLUS Senior & MilitaryDiscounts. Call 1-877763-2379 O43G A PLACE FOR MOM has helped over a million families find seniorliving. Our trusted, local advisors help find solutions to yourunique needs at no cost to you. Call: 1-800-404-8852 O43G Denied Social Security Disability? Appeal! If you’re 50+, filed SSD and denied, our
CDL DRIVERS WANTED Part Time & Full time
Competitive Wages & Benefits. Apply at:
Bloomville Disposal Service 51971 St. Hwy 10, Bloomville, NY Or call
607-538-1160
attorneys can help! Win or Pay Nothing! Strong, recent workhistory needed. 866-979-0096 [Steppacher Law Offices LLC Principal Office: 224 Adams Ave Scranton PA 18503] O43G
Lung Cancer? And Age 60+? You And Your Family May Be Entitled To Significant Cash Award.Call 866-951-9073 for Information. No Risk. No Money Out Of Pocket. O43G Spectrum Triple Play! TV, Internet & Voice for $99.97/mo. Fastest Internet. 100 MB per second speed. Free Primetime on Demand. Unlimited Voice. NO CONTRACTS. Call 1-855-9777198 or visit http://tripleplaytoday.com/press O43G
HELP WANTED JOB OPPORTUNITY $18.50 P/H NYC $16 P/H LI up to $13.50 P/H UPSTATE NY If you currently care for your relatives or friends who have Medicaid or Medicare, you may be eligible to start working for them as a personal assistant. No Certificates needed. (347)4622610 (347)565-6200 O43HW
The village of Delhi will be accepting bids for the trimming and removal of trees throughout the village, and the grinding to below existing grade of existing stumps as identified. Specifications are available for viewing at the Village Clerk’s Office, 9 Court street, Delhi, NY 13753. Bids will be accepted until Nov. 1, 2009 at noon. The Village accepts the right to reject and and all bids. B43HW AIRLINE CAREERS Start Here – Get trained as FAA certified Aviation Technician. Financial aid for qualified students. Job placement assistance. Call AIM for free information 866-296-7094 43HW
The village of Delhi is now accepting applications for a Wastewater Treatment Plant Operator until 12 p.m. on Nov. 1, 2019. Must be able to obtain a NYS Wasterwater Treatment Operations Certificate (2A) within 2 years of hire. Job descriptions and applications may be picked up at the Delhi Village Clerk’s Office, 9 Court street, Delhi, NY 13753. For more information, you may call the Clerk’s office at 607-746-2258. B43HW The Sidney Central School District has an opening for a Custodial Worker. This is a 2nd
shift position. Pay is $14.43/ hour, 8 hours/day. Experience preferred. Please apply online at our website, www.sidneycsd. org, under District Information/ Employment Information tab. Also complete the Civil Service Application located under Important Downloads. Deadline for applying is November 4, 2019. B44HW Now Hiring! Truck Drivers, Equipment Operators, Laborers, Logging Help. Apply in person at 315 Old Route 10, Deposit or email resume to schaeferstone4990@gmail.com. xHW
HOME HEATING Seasoned firewood delivered within 5 miles of my Bob’s Brook location and stacked (not carried) $75.00 per face cord. 607434-7079 44HH
HOME IMPROVEMENT BATHROOM RENOVATIONS. EASY, ONE DAY updates! We specialize in safe bathing. Grab bars, no slip flooring & seated showers. Call for a free in-home consultation: 888-657-9488. O43HI
REAL ESTATE Mini Farm - 16 acres only $49,900. Perfect homestead property, Raise crops/animals on this fantastic land bargain. Views/southern exposure excellent for orchard, 45 min. Albany. Financing 802-447-0779 O43RE
GREAT FAMILY HOME OR B&B. One-level ranch with five bedrooms and 3 full baths, large living and dining rooms, a den off the entryway, and a laundry room leading out to the deck. Located just outside the village of Delhi, only a mile away from shopping, restaurants, schools, and more. The house floor plan, with separate hallways, provides plenty of privacy for a large family. Master bedroom has an ensuite bath and a large walk-in closet. The recently renovated kitchen has wood flooring and cabinets galore. Large picture windows in living and dining rooms and in the kitchen provide plenty of natural light and showcases the great outdoors. The three-tiered deck in the back of the house is sunny, quiet and private, with great views of the yard and beyond. Old growth trees on the property buffer road noise and add privacy. One car garage, blacktop driveway with plenty of parking, and garden shed. Property is well-maintained and move-in ready. PRICE: $174,900. TFRE
RENTALS WALTON ONE bedroom apartment. $575 + security. Heat included. Large 3 season sun porch. No pets, no smoking. Call Michelle 607-287-7878. B48FR WALTON One bedroom. $475/ month plus security. No pets, no smoking. Call Michelle 607-2877878. 43FR
Nice one bedroom apartment village of Walton. $500/mo. plus utilities. No pets, no smoking. Call 607-865-7928. 43FR
Walton. Very large studio, first floor. Heat and electric included, $550, plus security. No pets, no smoking. Call Michelle 607-2877878. 43FR
WESTBROOK APARTMENTS, A NICE PLACE TO LIVE. Subsidized/Income Eligible. We offer plenty of storage, appliances, pantries, ample parking, playground, full-time maintenance staff, and on-site laundry. We allow one small pet with pet deposit. Stop in or call for application. Westbrook Apartments, 141 East Street, Walton, NY 13856. 607-865-8762, NYS Relay 711, Tues. and Thurs. 8:00 AM – 4:00 PM, EHO, HCA TFFR
MOUNTAINVIEW ESTATES-A NICE PLACE TO LIVE! All apartments have appliances, ample storage and patio/balcony. Also on-site laundry, playground, on-site parking, and full time maintenance staff. Call or stop in for application. Mountainview Terrace, Walton, NY. 607-8654278, NYS Relay 711, Monday & Wednesday 8AM – 4:00 PM. EHO/HCA TFFR
SERVICES COMPUTER ISSUES? FREE DIAGNOSIS by GEEKS ON SITE! Virus Removal, Data Recovery! 24/7 EMERGENCY SERVICE, In-home repair/On-line solutions. $20 OFF ANY SERVICE! 844892-3990 O43S
WANTED Always buying…Movie costume company looking for large quantities of old store stock. Also buying upscale mens, womens and childrens 1970s and earlier clothing and accessories. Cruise wear, workwear, eveningwear, business and casual daywear.
We accept Please, no polyester and condition is very important. 607-4985750. E-mail: righttothemoonalice@yahoo.com TFWT
LEGAL DELHI PIZZA COMPANY LLC Articles of Org. filed NY Sec. of State (SSNY) 9/9/2019. Office in Delaware Co. SSNY desig. agent of LLC whom process may be served. SSNY shall mail process to 22 Prospect St., Delhi, NY 13753. Purpose: Any lawful purpose. Principal business location: 83 Main St., Delhi, NY 13753. Red Kill Mountain Homestead Farms LLC Art of Org filed with the SSNY on 3/8/2019. Off. Lov.: Delaware Co. SSNY designated as agent upon whome process may be served & shall mail process.: 3432 Burnwood Rd East Branch NY 13756. Purp.: any lawful purpose. Andes Fire District Fuel Oil and Snow Removal Bids The Andes Joint Fire District will be accepting #2 fuel oil bids for the 2019-2020 year beginning November 13th, 2019 and ending May 1, 2020. Bids should include a cap price per gallon. Send bid in an envelope marked “#2 fuel oil”. The Andes Joint Fire District will be accepting snow removal bids for the 2019-2020 year beginning November 13th, 2019 and ending May 1, 2020. Send bid in an envelope marked “snow removal”. Snow removal will be done as needed during the winter months. Snow removal will consist of all parking lots and all entrances, and overhead doorways will be shoveled out making them accessible at all times. Contractor shall perform work on a timely basis, providing around-the-clock service to permit the free movement of vehicles, as the Andes Fire District is a 24-hour emergency response organization. Contractor shall repair any damage caused and clean up all messes resulting from snow removal services. Bids will be accepted at the monthly meeting held on Monday, November 11th, 2019. The District reserves the right to accept or reject any and all bids and to accept the bid best suited for its specific needs. Bids are for the season and must be sent to P.O. Box 493, Andes, NY 13731. Mike Edelson, Fire Commissioner, Town of Andes Notice of Formation of NV Design LLC. Arts. of Org. filed with Secy. of State of NY (SSNY) on 9/12/19. Office location: Delaware County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: c/o The LLC, 3027 New Kingston Mountain Road, Roxbury, NY 12474. Purpose: any lawful activity. NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY UNDER THE NEW YORK LIMITED LIABILITY LAW Name: JKSS 4, LLC Articles of Organization filed with Secretary of State of New York (SSNY) on September 18, 2019. Office Location: Delaware County. SSNY shall mail copy of process to Steven Crawford, 30 Pleasant Street, Sidney, NY 13838. Purpose: To engage in any and all business for which LLCs may be formed under the New York LLC Law.
26
tiff. NOTICE OF SALE SUPREME COURT- COUNTY OF DELAWARE U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016-CTT, Plaintiff, AGAINST ANDREA VITO, LINDA VITO, Defendant(s) Pursuant to a judgment of foreclosure and sale duly entered on August 6, 2019. I, the undersigned Referee, will sell at public auction at the Delaware County, 111 Main St, Delhi, NY 13753 on November 4, 2019 at 9:00 AM premises known as 437 Delaware Lake Rd, Long Eddy, NY 12760. All that certain plot piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Hancock, County of Delaware and State of New York. Section 458, Block 1 and Lot 17. Approximate amount of judgment $182,328.94 plus interest and costs. Premises will be sold subject to provisions of filed Judgment. Index #2016-974. Rosemarie Richards, Esq., Referee, Aldridge Pite, LLP - Attorneys for Plaintiff - 40 Marcus Drive, Suite 200, Melville, NY 11747 The Catskill Watershed Corporation (CWC) is seeking a qualified vendor to provide snowplowing services for the 2019-2020 winter season for 905 Main Street, Margaretville. And starting March 1, 2020 to end of winter season 2021 for CWC office at 669 County Route 38, Arkville. Proposals due by October 31, 2019 at 4 pm. Contact John Mathiesen or Timothy Cox for RFP at 845-5861400. A. Demarest, LLC. Filed 7/3/19 Office: Delaware Co. SSNY designated as agent for process & shall mail to: 74 Main Street, Sidney, NY 13838. Purpose: General. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DELAWARE CIT BANK, N.A., V. MANUEL FERNANDEZ, ET AL. NOTICE OF SALE NOTICE IS HEREBY GIVEN pursuant to a Final Judgment of Foreclosure dated July 25, 2019, and entered in the Office of the Clerk of the County of Delaware, wherein CIT BANK, N.A. is the Plaintiff and MANUEL FERNANDEZ, ET AL. are the Defendant(s). I, the undersigned Referee will sell at public auction at the DELAWARE COUNTY COURTHOUSE, 1st FLOOR LOBBY, 111 MAIN STREET, DELHI, NY 13753, on November 8, 2019 at 10:00AM, premises known as 3 ROBINSON ROAD, HAMDEN, NY 13782: Section 300, Block 2, Lot 18: ALL THAT TRACT, PIECE OR PARCEL OF LAND TOGETHER WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE IN THE TOWN OF HAMDEN, COUNTY OF DELAWARE AND STATE OF NEW YORK Premises will be sold subject to provisions of filed Judgment Index #1073/2015. Bradford J. Harris, Esq. - Referee. RAS Boriskin, LLC 900 Merchants Concourse, Suite 310, Westbury, New York 11590, Attorneys for Plain-
October 23, 2019
The Reporter
Notice of Qualification of Furlow Farm LLC. App. for Auth. filed with Secy. of State of NY (SSNY) on 9/26/19. Office location: Delaware County. LLC formed in Maryland (MD) on 10/10/18. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: Gould Property Company, 14401 Sweitzer Lane, Ste 200, Laurel, MD 20707. MD address of LLC: 14401 Sweitzer Lane, Ste 200, Laurel MD 20707. Arts. of Org. filed with MD State Dept. of Assessments and Taxation, 301 West Preston St, Baltimore, MD 21201. Purpose: to manage, operate and maintain the Furlow Farm in Arkville, New York. LEGAL NOTICE Notice is hereby given that the Town of Hamden preliminary budget for the fiscal year beginning January 1, 2020 has been completed and filed in the office of the Town Clerk where it is available for inspection during regular office hours. Further notice is hereby given that the Town Board will meet and review said budget and hold a public hearing at the Hamden Town Hall at 6:30 pm on the 6th day of November 2019 and at such hearing any person or persons may be heard in favor of or against the preliminary budget as compiled or for or against any item or items therein contained pursuant to Section 108 of the Town Law and proposed salaries of the following Town Officers and hereby specified as follows: Supervisor $ 7,250 Town Clerk 10,500 Supt of Hwy 47,000 Town Justice 6,400 Tax Collector 4,000 Councilmen 1,800 each Regular Town Board will follow the Public Hearing. DATED: October 8, 2019 Dennise Yeary Hamden Town Clerk To: The last know owner or owners of the following burial lots located in the Ouleout Valley Cemetery, town of Franklin, in Delaware County New York, and all persons having an interested in said burial lots: Marshall/Rutherford Lot E Section 468 Jester Lot E Section 505 Arthur Hopkins Lot E Section 516 John Whigham Lot E Section 513 Martha Barnes Lot E Section 526 William Barnes Lot E Section 526 George Decker Lot E Section 556 Isaac Buell Lot F Section 593 1/2 John Mellor Lot E Section 212 Ann Mellor Lot E Section 212 Daniel Rowe Lot B Section 104 Samuel Miller Lot D Section 78 Frank Burdick Pond Lot Section 30 Frank Phillips Lot A Section 245 A. Smith Parsons Lot A Section 278 George Lathan Lot A Section 284 Arthur Baker Lot A Section 285 1/2 George Grant Lot E Section 529 William Strader Lot E Section 220 Frank Lambrecht Lot B Section 5 Please take notice: That (1) the monument or markers are so badly out of repair or dilapidated as to cre-
ate a dangerous condition, (2) the persons to whom this notice is addressed must repair or remove said monuments or markers after the third publication of this notice or by December 29, 2019 and (3) if the persons to whom this notice is addressed fail to repair or remove said monuments or markers after December 29, 2019, the Ouleout Valley Cemetery Association may remove or repair said monuments without further notice to the persons to whom this notice is addressed. If you have any questions they can be directed to Sonja Johns (607)4347120 prior to December 29, 2019.
Clerk
LEGAL NOTICE – Tax Collection NOTICE IS HEREBY GIVEN that the tax roll and warrant for the collection of taxes for the Sidney Central School District have been approved. All school tax payments should be made either by mail to: SIDNEY CENTRAL SCHOOL DISTRICT, Attn: Tax Collector, 95 West Main Street, Sidney, NY 13838, or at the Sidney Central School District as follows: Mondays – 4pm-6pm (9/9/19-11/4/19) Fridays – 9am-12pm (9/6/19-11/1/19) Saturday 9/28/19, 10/26/19, 11/2/19 – 9amnoon Taxes will be collected without penalty from September 3 to October 4, 2019; with a 2% penalty from October 5 to October 31, 2019; and with a 3% penalty from November 1 to November 5, 2019. After November 5, 2019, all unpaid taxes will be returned to the County Treasurer. School taxes are then re-levied with an additional penalty and payable with the Town and County Tax that you will receive in January of 2020. Dated: August 26, 2019 Constance A. Umbra District Clerk
Notice of Form. of KSD STRATEGIES LLC filed with SSNY on 10/16/19. Office location: Delaware. SSNY desg. as agent of LLC upon whom process against it may be served. SSNY mail process to 4898 Vega Mountain Road, Roxbury, NY 12474. Purpose:Any lawful act or activity.
Notice is hereby given that the Preliminary budget for the Town of Andes, Delaware County, State of New York for the fiscal year commencing January 1, 2020 to December 31, 2020 is complete and on file in the Office of the Town Clerk where it is available for public inspection. Further notice is hereby given that the Andes Town Board will meet and hold a Public Hearing on November 7th, 2019 at 6:45PM at the Andes Town Hall. At said public hearing any person may be heard in favor or against the preliminary budget as compiled, or for or against any item or items therefore contained. Further notice is given that pursuant to Section 108 of Town Law, that the following is the proposed salaries for elected officials: Supervisor- $16,000 / Town Board- four @ $4,000 each / Justices- two @ $8,803 each / Tax Collector- $8,700 / Sole Assessor- $46,554 / Town Clerk- $28,329 / Superintendent of Highways$51,315 By Order of the Andes Town Board Kimberly A. Tosi Town Clerk Please be advised that the November Regular Andes Town Board Meeting has been rescheduled and will now be held on Thursday, November 7th, 2018 at 7:00PM at the Andes Town Hall. By Order of the Board, Kimberly A. Tosi, Town
8 Sp. Auto, Full Pwr, Tow Pkg, A/C, 9K ....................................$35,000
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Matthew C Clark Excavating and Trucking, LLC. Filed 9/16/19 Office: Chenango Co. SSNY designated as agent for process & shall mail to: 332 Dingman Hill Road, Bainbridge, NY 13733. Purpose: General LEGAL NOTICE Notice is hereby given that the fiscal affairs of the Sidney Central School District for the period beginning July 1, 2018 and ending on June 30, 2019 have been examined by an independent public accountant, D’Arcangelo & Co., LLP, and that the management letter prepared in conjunction with the eternal audit by the independent public accountant has been filed in my office where it is available as a public record for inspection by all interested persons. Pursuant to §35 of the General Municipal Law, the governing board of the Sidney Central School District may, in its discretion, prepare a written response to the management letter by independent public accountant and file any such response in my office as a public record for inspection by all interested persons not later than November 26, 2019. Constance A. Umbra
Not responsible for Typographical errors. Prices may include rebate to dealer.
District Clerk NOTICE OF BOND RESOLUTION The following resolution, a summary of which is published herewith, has been adopted by the Town Board of the Town of Colchester, Delaware County, New York, on the 16th day of October, 2019, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Colchester is not authorized to expend money, or the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. Julie B. Townsend Town Clerk, Town of Colchester SUPPLEMENTAL BOND RESOLUTION DATED
OCTOBER 16, 2019 A RESOLUTION AMENDING AND SUPPLEMENTING BOND RESOLUTION NO. 22-2017 DATED FEBRUARY 21, 2017, AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF THE TOWN OF COLCHESTER, DELAWARE COUNTY, NEW YORK IN AN ADDITIONAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $113,476 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE THE INCREASED COSTS OF IMPROVEMENTS OF FACILITIES OF THE DOWNSVILLE WATER DISTRICT, AND DELEGATING CERTAIN POWERS IN CONNECTION THEREWITH TO THE TOWN SUPERVISOR Prior Resolution: The Supplemental Resolution amends and supplements the Bond Resolution No. 22-2017 of the Town dated February 21, 2017 entitled “BOND RESOLUTION DATED FEBRUARY 21, 2017; A RESOLUTION AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF THE TOWN OF COLCHESTER, DELAWARE COUNTY, NEW YORK IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO
DELHI HOME FOR SALE One-level ranch with 5 bedrooms, 3 full baths, large living and dining rooms; with a den off the entryway, and laundry room leading out to the deck. Located just outside the village of Delhi, only a mile away from shopping, restaurants, schools, and more. Master bedroom has an en-suite bath and large walk-in closet. Recently renovated kitchen has wood flooring and cabinets galore. Large picture windows in living, dining rooms and the kitchen provide plenty of natural light and showcases the great outdoors. Three-tiered deck in the back of the house is sunny, quiet and private, with great views. Old growth trees add privacy. One car garage, blacktop driveway with plenty of parking, and garden shed. Well-maintained and move-in ready.
ASKING: $174,900 Call Jill Ogden, Associate RE Broker, Coldwell Banker Timberland Properties Cell (607) 267-0313 for more information.
65 STOCKTON AVE
Nice village 3-bdrm home w/1 & 3/4 baths, EIK, full DR, LR, den, encl porch, covered porch, new furnace & HW heater within the past 5 yrs. Oversize yard has a screened -in gazebo, storage shed, paved driveway & 1-car det gar w/lean-to. Not in flood zone, near hospital & Walton Middle School/ High School. #123966
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Notice is hereby given that there will be a Public Hearing for a Proposed Local Law of the Town of Andes, Delaware County, State of New York, titled, “A local law to override the tax cap.” Said Public Hearing will be held on Thursday, November 7, 2019 at 6:45PM at the Andes Town Hall, 115 Delaware Ave. At said Public Hearing any person may be heard in favor or against the Proposed Local Law. A copy of the proposed law is available for review at the Town Clerk’s Office. By order of the Andes Town Board Kimberly A. Tosi
SIDNEY, NY
ASKING: $119,900
2-bdrm cape w/chalet & country feel featuring cathedralled LR w/2nd flr balcony & 2-story brick chimney for wd stove. Nice wd walls & balcony features. Part of basement could be finished as a den. Huge deck along whole frt of house & whole left side w/ sliding dr entry to LR. Mix of mature & young apple trees thruout property. Good shed for equipment. #123902
WALTON, NY
INCOME OPPORTUNITY! Two homes on one property for the price of one! Ideal for extended family or rental. 1890 colonial w/5 bdrms & 2 bths and 2006 3-bdrm, 2-bth, 24x48 doublewide, handicap accessible (currently rented) - all on 1.7 acs. 24x24 metal pole barn w/14x24 addition. Nice yard & lrg decks on both homes. Less than 5 mi to Walton & 13 mi to Delhi. #123997
ASKING: $106,999
ASKING: $150,000
October 23, 2019
EXCEED $350,000 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE IMPROVEMENTS OF FACILITIES OF THE DOWNSVILLE WATER DISTRICT IN THE TOWN OF COLCHESTER, NEW YORK, AND DELEGATING CERTAIN POWERS IN CONNECTION THEREWITH TO THE TOWN SUPERVISOR” (the “Bond Resolution”). Objects or purposes: The Bond Resolution, as supplemented by the Supplemental Resolution, authorizes the improvement to the facilities of the Downsville Water District, including construction of a new water treatment facility to provide filtration for the existing spring source, together with a raw water tank, and including original furnishings, equipment, machinery and apparatus required therefor, at an increased maximum estimated cost of $463,476. The aforesaid purpose constitutes a Type I Action as defined under the State Environmental Quality Review Regulations, 6 NYCRR Part 617, which has been determined not to have a significant effect on the environment. Period of Probable Usefulness: Forty (40) years pursuant to paragraph 1 of subdivision a, of Section 11.00 of the Local Finance Law Maximum Amount of Obligations to be Issued: Pursuant to the Bond Resolution adopted February 21, 2017, the Town previously authorized the issuance of serial bonds of the Town in an aggregate amount not to exceed $350,000 and has issued obligations in the amount of $127,390 in the form of a short term note payable to New York State Environmental Facilities Corporation. The Town plans to finance the additional cost of the purpose described herein by the is-
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suance of serial bonds of the Town in an amount not to exceed $113,476, for a total authorized amount of $463,476. Nothing in the Supplemental Resolution shall be deemed to impair the obligations previously issued pursuant to said Bond Resolution. The Town plans to apply available proceeds of a drinking water grant from New York State Environmental Facilities Corporation pursuant to a project financing agreement to pay or repay a portion of the project costs. Delegation: The power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by the Bond Resolution, as supplemented, to determine the form and terms of said serial bonds, and take certain other actions is delegated to the Town Supervisor, as Chief Fiscal Officer. A complete copy of the Bond Resolution and the Supplemental Resolution summarized above is available for public inspection during normal business hours at the office of the Town Clerk, Colchester Town Hall, 72 Tannery Road, Downsville, New York. Dated: October 18, 2019 Downsville, New York NOTICE OF HEARING ON PRELIMINARY BUDGET NOTICE IS HEREBY GIVEN that the preliminary budget of the Town of Colchester, Delaware County, New York for the fiscal year beginning January 01, 2020 has been filed in the office of the Town Clerk of said Town, where it is available for inspection by any interested person during regular office hours. Further notice is hereby given that the Town Board of said Town of Colchester will
meet and review said preliminary budget and hold a Public Hearing thereon at 7:00 PM on Wednesday, the 6th day of November, 2019 at the Town Hall, 72 Tannery Road, Downsville, New York and that at such hearing any person may be heard in favor or against any item therein contained. And further notice is hereby given pursuant to Section 108 of the Town Law that the following are proposed yearly salaries of the Town Officers of this Town: Supervisor $22,000.00 Town Clerk $34,650.00 Councilman (4@) $3,400.00 each Supt. of Highways $51,000.00 Town Justice (2@) $12,800.00 each Tax Collector $6,800.00 And further notice is hereby given that the regular monthly meeting of the Town Board will be held immediately following the Preliminary Budget Hearing. By order of the Colchester Town Board. Dated: October 16, 2019 Julie B. Townsend Town Clerk Please Take Notice that the Town of Franklin Zoning Board of Appeals will hold two public hearings on Tuesday November 12th for Salerno at 6pm and for Bohler Engineering/Franklin Land Associates, LLC at 6:30 pm at the Franklin Town Highway Garage meeting room located at 12480 County Hwy 21 Franklin, NY. A regular meeting will follow. A copy of the Bohler Engineering application is available for viewing during office hours at the Franklin Town Clerk’s office, 554 Main St, Franklin, NY. Legal Notice: Upon the recommendation
of the Deputy Town Supervisor; The Town Board agrees to have a Public Hearing and Town Board meeting, to pass the 2020 budget, at 7:30 PM, on November 6, 2019. The meeting will be held at the Masonville Town Hall directly before the regular monthly meeting. The purpose of said meeting is to pass the 2020 Town of Masonville budget. TOWN OF MEREDITH PLANNING BOARD LEGAL NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE: that the Town of Meredith Planning Board will hold a Public Hearing on Monday, November 4, 2019, at Meredith Town Hall located at 4247 Turnpike Road in the Town of Meredith, NY, to consider a two (2)-lot major subdivision of Tax ID# 80.2-13.113, a 33.771-acre property owned by Michael Bassani, located at 840 Turnpike Road. Said hearing to commence at 6:30 PM at which time all persons wishing to speak shall be heard. The public hearing will be immediately followed by the regular Planning Board meeting. Amy Lieberman – Planning Board Clerk Notice of Public Hearing Notice is hereby given that the Town of Tompkins Preliminary Budget for the fiscal year beginning January 1, 2020 has been completed and filed in the office of the Town Clerk where it is available for inspection during regular office hours. Further notice is hereby given that the Town Board will meet and review said budget and hold public hearing at the Tompkins Town Hall at 6:45 PM on Thursday, November 7, 2019. At such hearing, any person or persons may be heard in favor
NOTICE IS HEREBY GIVEN that, pursuant to Title 5, Chapter 3, Subchapter 3 of the Administrative Code of the City of New York, a public hearing will be held at 22 Reade Street, Spector Hall, Borough of Manhattan on Wednesday November 13, 2019 at 10:00 a.m. on the following: REAL PROPERTY PUBLIC HEARING in the matter of the acquisition by the City of New York of fee simple (Fee) interests on the following real estate in the County of Delaware for the purposes of providing for the continued supply of water, and for preserving and preventing the contamination or pollution of the New York City water supply system: NYC ID Town Type Tax Lot ID Acres (+/-) 3742 Andes Fee p/o 236.-1-1 63.40 9554 Delhi Fee p/o 236.-3-10 176.00 8688 Hamden Fee 253.-3-4 29.06 8971 Roxbury Fee 178.-1-23 22.83 2688 Tompkins Fee p/o 206.-1-11.2 40.00 9563 Tompkins Fee 333.-1-17 61.35 A copy of the Mayor’s Preliminary Certificates of Adoption and maps of the real estate to be acquired are available for public inspection upon request. Please call (845) 340-7810. Note: This location is accessible to individuals using wheelchairs or other mobility devices. For further information on accessibility or to make a request for accommodations, such as sign language interpretation services, please contact the Mayor’s Office of Contract Services (MOCS) via e-mail at DisabilityAffairs@mocs.nyc.gov or via phone at (212) 788-0010. Any person requiring reasonable accommodation for the public hearing should contact MOCS at least three (3) business days in advance of the hearing to ensure availability. Vincent Sapienza Commissioner
or against any item or items therein contained in the Preliminary Budget. Michelle Phoenix Town of Tompkins Town Clerk Notice of Hearing Upon Preliminary Budget NOTICE IS HEREBY GIVEN that the Walton Town Board will hold a public hearing on the Preliminary 2020 Budget at the Town Hall at 6:00 p.m. on the 4th day of November, 2019 and that at such hearing any person may be heard in favor or against the preliminary budget as compiled for or against any item or items therein contained. Pursuant to Section 108 of the Town Law, the proposed salaries of the town officers are hereby specified as follows: Supervisor $11,800.00 Councilperson 4 each at $2,559.00 HWY Superintendent $55,774.00 Town Clerk $43,751.00 Justice 2 each at 9,602.00 Dated October 17, 2019 By order of the Town Board Ronda Williams Walton Town Clerk LEGAL NOTICE
Bill de Blasio Mayor
By resolution of the Town Board, pursuant to Section 205-a of the Highway Law the Town of Walton designates the following as seasonal limited use highway to be posted for temporarily discontinue snow and ice removal from December 1, 2019 to April 1, 2020. Chase Brook from Town of Tompkins town line to Town of Tompkins town line. Beers Brook from Russ Gray Pond to NYS Route # 206 Kellogg Road from the Kellogg residence to the end of the road Dated: October 7, 2019 Walter A. Geidel Superintendent of Highway NOTICE OF SALE SUPREME COURT COUNTY OF DELAWARE U.S. Bank National Association, as Legal Title Trustee for PROF-2013-M4 Legal Title Trust II, Plaintiff AGAINST Delaware County Treasurer, as the Limited Administrator of the Estate of John T. Wilson a/k/a John T. Wilson III; John C. Wilson; Christine Egan; Keith Wilson; et al., Defendant(s) Pursuant to a Judgment of Foreclosure and Sale duly dated September 25, 2019 I, the undersigned Referee
Legal Notice TO THE VOTERS OF DELAWARE COUNTY PURSUANT TO SECTIONS 4-120.1& 4-122.1 OF THE NEW YORK STATE ELECTION LAW, please take notice that the following list contains the name and residence of every candidate for public office to be filled at the General Election to be held Tuesday, November 5, 2019. All polling places will be open from 6:00 A.M. to 9:00 P.M. TITLE OF OFFICE NAME OF CANDIDATE Harpersfield Supreme Court 6th Judicial District Pete Charnetsky (D) Supervisor James E Eisel Sr (R) Claudette Y Newman (D) Town Clerk/Collector Linda E Goss (R) Chris Baker (R) (C) (IND) Town Justice Lawrence R Musella (R) Oliver N Blaise III (R) (C) (IND) Member of Council Patrick F Funk (R) Mark Masler (R) (C) (IND) Vote for Two Harry Peterson (R) Andes Assessor Laurel L Bedford (R) Supervisor Wayland Bud Gladstone (D) (R) (I) Vote for Two William P Boyle Sr (R) Town Clerk Kimberly A Tosi (D) (R) Superintendent of Highways Russell E Hatch (R) Member of Council Bruce A Soules (D) Kortright Vote for Two Thomas W Hall (D) Supervisor George E Haynes Jr. (R) Michael R McAdams (R) Town Clerk/Collector Kristin A Craft (R) Shayne A Moshier (R) Member of Council Lynn B Pickett (R) Tax Collector Margaret D Moshier (R) Vote for Two Micheal E Pietrantoni (R) Town Assessor Tina Moshier (R) Superintendent of Highways William R Burdick (R) Superintendent of Highways Dustin A Soules (D) Masonville John R Bouton (R) (I) Supervisor Michael A Spaccaforno (R) Bovina Town Clerk/Collector Linda L Bourn (R) Supervisor Tina B Molé (R) Member of Council Jeri Y Brayman (R) Town Clerk/Collector Catherine S Hewitt (R) Vote for Two William R Thomas (R) Town Justice Thomas D Lamport (R) Superintendent of Highways Charles L Smith II (R) Member of Council Donna Dickson (D) Meredith Vote for Two Mark E Rossley (R) Supervisor James G Ellis (R) (I) Superintendent of Highways Edward F Weber (D) Town Clerk Liliane F Briscoe (R) Colchester Member of Council William J Outsen (R) Supervisor Arthur M Merrill (R) Vote for Two Wayne P Oliver (R) Town Justice Arthur C Edel (R) Tax Collector Marcia Shaw (R) Member of Council Janet D Champlin (R) Superintendent of Highways Jason Noble (R) Vote for Two Gregory Lavorgna (R) Middletown Ruth A Wilhowsky (I) Supervisor Pat Davis (R) (I) Superintendent of Highways Kenneth R Eck Jr (R) Todd Pascarella (I) Davenport Town Clerk/Collector Patricia F Kelly (D) (I) Supervisor Dennis J Valente (D) (I) Member of Council Brian F Sweeney (D) (I) Town Clerk/Collector Linda J Adam (R) Vote for Two Nelson G Delameter (R) Town Justice Matthew Shea (D) Assessor Miguel O Martinez (D) (I) George Sydlar (C) Vote for Two MegAnne O Balcom (R) Member of Council Trever Bell (D) Superintendent of Highways John W Biruk (D) (I) Vote for Two Mark A Miller (R) Roxbury Terry Collins (IND) (I) Supervisor Kenneth Macker Davie (D) (I) Assessor Donald E Wood (R) Allen R Hinkley (R) (I) Vote for Two Glenna Jeschke (I) Town Clerk Diane L Pickett (D) Delhi Member of Council Thomas S Hynes (D) (I) Supervisor Mark E Tuthill (R) Vote for Two Edward E Raeder (D) (I) Town Clerk/Collector Elsa I Schmitz (R) Gene S Cronk (R) Member of Council Christina S Viafore (D) (I) Joseph R Resch III (R) Vote for Two Thomas D Little (R) Tax Collector Bonnie E Walker (D William Cairns (R) Superintendent of Highways William S Sprague (D) Assessor Joe Gifford (R) Sidney Vote for Two James F Corcoran (R) Town Clerk/Collector Sheila R Paul (R) Superintendent of Highways Daren A Evans (R) Lisa A French (I) Deposit Member of Council Jeanette I Hinkley (R) Supervisor Thomas A Axtell (R) Vote for Two Eric T Wilson (R) Member of Council William J Morley Jr (R) Superintendent of Highways James A Roberts Jr (R) Vote for Two Lonny A Schaefer (R) Stamford Franklin Supervisor John S Kosier (R) (C) Supervisor Jeffrey R Taggart (R) Town Clerk/Collector Diane S Grant (R) Town Clerk/Collector Sonja L Johns (R) Member of Council Roderick A Hillis (R) Member of Council Donald T Smith (R) Vote for Two Brent G Trimbell (R) Vote for Two Dwight A Bruno (R) Assessor Paul E Koerner Jr (R) Superintendent of Highways Mark E Laing (R) Vote for Two Sharon L Anderson (R) Hamden Superintendent of Highways Jonathan R Ballard (R) Supervisor Wayne E Marshfield (D) Tompkins Town Clerk Dennise Yeary (R) Member of Council Howard N Buttel (R) Member of Council David Moxley (D) Vote for Two Peggy L Backus (R) Vote for Two Daniel A Liddle (R) Walton Ryan D Kilmer (R) Supervisor Joseph M Cetta (R) Tax Collector Dolores Dibble (R) Town Clerk/Collector Ronda L Williams (R) Superintendent of Highways Scott J Lenci (R) Member of Council Leonard A Govern (R) Hancock Vote for Two Patricia H Wood (R) Supervisor Jerry Vernold. (R) Superintendent of Highways Walter A Geidel (R) Town Clerk Ann L Green (R) TOWN PROPOSALS: Town Justice Michael T O’Brien (R) Franklin: Local Option for Towns. Question 2. Restaurant alcoholic beverage license. Member of Council Patrick O’Brien (R) (D) Democratic (R) Republican (C) Conservative (IND) Independence (I) Independent Vote for Two James M Gardner (R) Election Night Results will be on the Delaware County Elections Web Site: http://www. Tax Collector Kelia L Mason (R) co.delaware.ny.us/departments/elec/election_night_reporting.htm Superintendent of Highways Neil Emerich Jr (R) (I) Maria E Kelso, Judith L Garrison Delaware County Commissioners of Elections Robert L Keesler (I) Delhi, New York Dated: October 16, 2019
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will sell at public auction at the Delaware County Office Building, 111 Main Street, Delhi, NY on November 20, 2019 at 10:00AM, premises known as 295 Upper East Brook Road, Walton, NY 13856. All that certain plot piece or parcel of land, with the buildings and improvements erected, situate, lying and being in the Town of Walton, County of Delaware, State of NY, Section 252. Block 1 Lot 33.212. Approximate amount of judgment $132,923.09 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index# 2016-327. Bradford Harris, Esq., Referee Shapiro, DiCaro & Barak, LLC Attorney(s) for the Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (877) 430-4792 Dated: October 14, 2019 #97860
on Tuesday, November 5, 2019 at 6:00 PM. By order of the Village of Delhi Planning Board, Duane Sturdevant, Chairperson. Dated: October 23, 2019 October 30, 2019 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that a public hearing will be held by the Board of Trustees of the Village of Walton, Delaware County, New York, at the Village Hall, 21 North Street, Walton, New York on the 4th day of November, 2019 at 6:00 p.m. to hear public opinion on Local Law 2019-4 entitled “Community Choice Aggregation (Energy) Program” All interested parties and citizens will be heard who are for or against this addition. A copy of the resolution is available for inspection at the Village Hall during regular business hours. BY ORDER OF THE BOARD OF TRUSTEES OF THE VILLAGE OF WALTON. DATED: October 18, 2019 Jody L. Brown Village Clerk INVITATION TO BID Char-Marie Farms LLC (Haynes), 1723 Roberts Road, Bloomville NY are
seeking bids for a concrete waste storage facility and repairs to access roads for 2020 construction to be funded by the Watershed Agricultural Council. Prospective bidders will receive a bid package which contains a bid sheet with instructions to bidders, sample contract, plans and specifications. Bid packages may be obtained by contacting Elaine Poulin at the Watershed Program Office, 44 West Street, Walton, NY 13856 or by calling 607-865-7090 ext. 209. Prospective bidders must be in attendance for the full group site showing at 10:15 a.m. on Thursday, October 31, 2019 at the Haynes farmstead. Failure to attend will result in the rejection of your bid. Sealed bids must be clearly marked “Haynes Bid” and will be accepted on behalf of the landowner at the Watershed Agricultural Program Office at 44 West Street, Walton, NY until 11:00 a.m. on Thursday, November 14, 2019 where they will be publicly opened and read. Small and minority owned businesses are encouraged to apply. The Watershed Agricultural Council, Inc. reserves the right to reject any and all bids. E.O.E. INVITATION TO BID
Jeff & Kim Wilson, 24041 St Hwy 28, Delhi NY are seeking bids for a timber roofed barnyard, access road, forage and biomass planting and hay saver feeders for 2020 construction to be funded by the Watershed Agricultural Council. Prospective bidders will receive a bid package which contains a bid sheet with instructions to bidders, sample contract, plans and specifications. Bid packages may be obtained by contacting Elaine Poulin at the Watershed Program Office, 44 West Street, Walton, NY 13856 or by calling 607-865-7090 ext. 209. Prospective bidders must be in attendance for the full group site showing at 9:00 a.m. on Thursday, October 31, 2019 at the Jeff & Kim Wilson farmstead. Failure to attend will result in the rejection of your bid. Sealed bids must be clearly marked “Wilson Bid” and will be accepted on behalf of the landowner at the Watershed Agricultural Program Office at 44 West Street, Walton, NY until 11:00 a.m. on Thursday, November 14, 2019 where they will be publicly opened and read. Small and minority owned businesses are encouraged to apply. The Watershed Agricultural Council, Inc. reserves the right to reject any and all bids. E.O.E.
INVITATION TO BID Richard Krum Farm, 7414 State Route 55, Town of Neversink, Sullivan County, NY is seeking bids for the construction of a Waste Impoundment Closure, Underground Outlet, Fence, Roofed Barnyard and Animal Trails & Walkway to be funded by the Watershed Agricultural Council. Prospective bidders will receive a bid package which contains a bid sheet with instructions to bidders, sample contract, plans and specifications. On behalf of the participant, Richard Krum, bid packages may be obtained by contacting Elaine Poulin at the Watershed Agricultural Program office, 44 West Street, Walton, NY 13856 (607865-7090) between 9:00 a.m. and 3:00 p.m. Monday
through Friday. Prospective bidders must be in attendance for the group site showing at 10:00 a.m. on Tuesday, October 29, 2019 at the Richard Krum Farm. Failure to attend will result in the rejection of your bid. Sealed bids must be clearly marked “Krum Farm Bid” and will be accepted on the behalf of the participant at the Watershed Agricultural West of Hudson Program office at 44 West Street, Walton, NY 13856 until 11:00 a.m. on Wednesday, November 13, 2019 when they will be publicly opened and read. Small and minority-owned businesses are encouraged to apply. The Watershed Agricultural Council, Inc. reserves the right to reject any and all bids.
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Legal Notice PLEASE TAKE NOTICE that the Village of Delhi Planning Board will hold a Public Hearing on the following: A Site Plan application from Delaware County Electric Cooperative for 5 North Depot St. The Public Hearing will be held in the Village Hall Boardroom, 9 Court Street
October 23, 2019
The Reporter
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October 23, 2019
The Reporter
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New York City Department of Environmental Protection Notice of Adoption of Rules Notice is hereby given pursuant to the authority vested in the Commissioner of the New York City Department of Environmental Protection (“DEP”) by section 1100 of the New York State Public Health Law and section 24-302 of the New York City Administrative Code, and in accordance with the requirements of section 1043(a) of the New York City Charter, that the DEP hereby amends sections 18-12, 18-15 through 18-17, 18-23, 18-26 through 1829, 18-34 through 18-39, 18-41, 18-61, 18-82 and Appendices 18-A through 18-C and repealing in their entirety sections 18-83 through 18-84 of Chapter 18 of Title 15 of the Rules of the City of New York, the DEP Rules and Regulations for the Protection from Contamination, Degradation and Pollution of the New York City Water Supply and its Sources (“Watershed Regulations”). The proposed amendments have been approved by the New York State Department of Health pursuant to section 1100 of the New York State Public Health Law and are being published in conformance with such law. The proposed rules were published in the City Record on September 28, 2018. Notably, over several years prior to the public hearings listed below, DEP engaged in extensive discussions with stakeholders, including but not limited to: residents who live in the City’s water supply watershed, the New York State Department of Health, the New York State Department of Environmental Conservation (“NYSDEC”), and environmental organizations. These discussions were productive and the resulting amendments to the Watershed Regulations will resolve several issues raised by residents while continuing to protect the City’s water supply. The Department held public hearings as follows: 6:00 p.m. on Tuesday, October 30, 2018. This hearing was held at Belleayre Ski Center, Longhouse Lodge, 181 Galli Curci Road, Highmount, New York; 6:00 p.m. on Thursday, November 1, 2018. This hearing was held at State University of New York, Evenden Tower, Room 104, Delhi, New York; 6:00 p.m. on Tuesday, November 6, 2018. This hearing was held at the Putnam County Emergency Operations Center, 112 Old Route 6, Carmel, New York; and 10 a.m. on Thursday, November 8, 2018. This hearing was held at the offices of the Department of Environmental Protections, 11th floor conference room, 59-17 Junction Boulevard, Flushing, New York. No additional comments were provided at the public hearings. Written comments were a correction to an inadvertent omission and typographical errors, submitted by the Coalition of Watershed Towns, and a short submission by NYSDEC addressing a specific technical formula and manual error, and are the only changes to the Watershed Regulations after the public hearings. In addition, a written complaint of general over regulation, without reference to any specific section of the Watershed Regulations, was submitted after the hearings. The Department now adopts the following Rules. Statement of Basis and Purpose of Rules The purpose of the Watershed Regulations is to protect public health by preventing contamination to and degradation of the City’s surface water supply. The amendments incorporate changes in federal and state law and address issues that have arisen during administration and enforcement of the Watershed Regulations. The amendments to the Watershed Regulations include revisions to replace the existing approach for evaluating alterations and modifications of subsurface sewage treatment systems (“SSTS”) – and for determining whether systems that have been discontinued for five years or more years can be brought back into service – with an approach that focuses primarily on how well the SSTS will serve the proposed use, consistent with public health and water quality concerns. These amendments also provide that where certain ancillary, non-residential use of a residence does not change the nature or rate of flow of sewage to its SSTS, the use is not subject to DEP’s review and approval, allowing for example, a home office use or certain transient guest overnight accommodations. These amendments also include various revisions which relate to the incorporation of the NYSDEC 2015 State Pollutant Discharge Elimination System (“SPDES”) General Permit for Stormwater Discharges from Construction Activity. Additionally, the revisions establish a category of small, limited impact projects for which stormwater pollution prevention plans can be simpler, similar to the existing framework for individual residential stormwater permits. The amendments also eliminate the description of the phosphorus offset pilot program, which had a limited term and was completed. These amendments revise the definition of “new” and “existing” regulated activities. As defined in prior versions of the Watershed Regulations, the term “new” applied to all regulated activities undertaken, constructed, installed, or implemented after May 1, 1997, and the term “existing” applied to those activities prior to May 1, 1997. The amended definition preserves the meaning of the terms “new” and “existing” as they are used in the current regulations with regard to certain non-complying regulated activities — i.e., storage of hazardous substances, storage of petroleum products, and the siting of junkyards and solid waste management facilities which, if discontinued for two or more years, must comply with the Watershed Regulations or permanently desist. For other regulated activities, the word “existing” is used in its more conventional sense to refer to activities that exist or are in operation at the time they are being considered under the amended regulations. These revisions incorporate standards for holding tanks and portable toilets. DEP will not review and approve holding tanks or portable toilets; rather, these revisions establish standards consistent with applicable State guidance. The amendments remove the term “service connection” and clarify the definition of a “sewer connection” relieving past confusion in administering the existing regulations and expanding its definition to include the conveyance all sewage, industrial and other wastes and update the design standards used for sewer connections. In addition, these amendments eliminate the “hardship” criterion necessary for obtaining a variance from the Watershed Regulations, which has not proven to further water quality goals. These amendments improve due process provisions for applicants when DEP seeks to modify, suspend or revoke an approval. This includes new procedures on how to seek a hearing, and how to appeal a DEP determination, before the City’s Office of Administrative Trials and Hearings (“OATH”). These amendments include re-issued watershed maps included in Appendix 18-A, based upon updated information from DEP’s LiDAR survey of the watershed. In addition, Appendices 18-B and 18-C are combined and certain revisions are incorporated to clarify the standards used for analysis of water quality samples. The amendments include technical corrections such as substituting more recent versions of publications cited in the Watershed Regulations, updating certain technical terminology, and modifying or changing the order of certain text to improve clarity and intelligibility. Some of the plain language and clarification revisions were identified as part of the retrospective rules review conducted by the Mayor’s Office of Operations. In addition to these amendments, DEP intends to work closely with NYSDEC as it updates its SPDES General Permit for Stormwater Discharges from Construction Activity, the current version of which will expire in January 2020, and NYSDEC’s related Stormwater Management Design Manual. DEP intends to further amend these rules to incorporate NYSDEC’s 2020 Construction General Permit, and potentially to include other related changes at that time to ensure appropriate stormwater controls based on sound scientific information. New material is underlined. [Deleted material is in brackets.] “Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise. The text of the Rule follows. Section 1. Subdivision (f) of section 18-12 of title 15 of the Rules of the City of New York is amended as follows: § 18-12 Purpose and Findings. (f) The City reserves the right to re-examine these rules and regulations periodically to insure that they continue to further the goal and intent referred to in paragraph (d) of this subdivision and the purposes referred to in paragraph (e) of this subdivision. [Without limiting the foregoing, and without limiting the City’s rights to continue, modify, amend, suspend, waive or revoke any or all of these rules and regulations at any time in accordance with applicable law, the City intends to re-examine these rules and regulations ten (10) years after the effective date hereof to ascertain whether, and to what extent, these rules and regulations should be modified or amended so that they continue to serve their intended purposes. § 2. Subdivisions (b) and (d) of Section 18-12 of title 15 of the Rules of the City of New York are amended as follows: § 18-15 Local Representatives. (a) Information about these rules and regulations and application and other forms required by these rules and regulations may be obtained from the following offices of the Department or on the Department's website at www.nyc.gov/dep. Applications for Department approval of a regulatory activity must be submitted to one of these offices or online in accordance with instructions that may be provided on the Department’s website. Petitions appealing from a determination issued by the Department or requesting a hearing on a cease and desist order issued by the Department must be submitted to the offices listed in subdivision (b) or online in accordance with instructions that may be provided on the Department’s website. (b) Petitions for a hearing on a determination by the Department to revoke, suspend, or modify a determination or variance in accordance with § 18-26, petitions for appeal of a determination issued by the Department in accordance with § 18-28, and petitions for a hearing on a cease and desist order issued by the Department in accordance with § 18-29 must be submitted to the address listed in paragraph (1), with a copy to the address listed in paragraph (2). (1) New York City Office of Administrative Trials and Hearings [40 Rector Street] 100 Church Street, 12th floor New York, New York [10006-1705] 10007 Telephone: [(212) 442-4900] (844) 628-4692 (d) Addresses and phone numbers contained [herein] in this section are informational and persons subject to these rules and regulations [shall] must utilize addresses and phone numbers specified herein, or successor addresses and phone numbers where appropriate. § 3. Paragraphs (2), (3), (19), (29), and (32) through (145) of subdivision (a) of Section 1816 of title 15 of the Rules of the City of New York are amended as follows: § 18-16 Definitions. (2) Absorption field means the area to which sewage is distributed for infiltration to the soil by means of a network of pipes. A gravelless absorption system is a type of absorption field. (3) Access road means an impervious private or public road, other than a driveway, which connects a parcel to an existing public or private road and which is necessary in order to enable the parcel to be developed. [Access road does not include an internal road within a subdivision or within an area of common development involving two (2) or more parcels.] (19) Construction or construction activity means any building, demolition, renovation, replacement, restoration, rehabilitation or alteration of any [new or existing] structure or road, or land clearing, land grading, excavation, filling or stockpiling activities that result in soil disturbance. (29) Designated Main Street Area means a defined area of limited size located within the East of Hudson Watershed which is an existing center of commercial, industrial, residential, or mixed use [and which has been.] Designated Main Street Areas were proposed [defined and designated] by [a local government] local governments in the East of Hudson Watershed in 1997 and approved by the Department pursuant to these rules and regulations. (32) Discontinuation means an interruption in the use of a regulated activity including a noncomplying regulated activity. The period of discontinuation shall commence on the date when regular or seasonal use ceases. Incidental or illegal use of an unoccupied structure shall not be sufficient to interrupt a period of discontinuation. [(32)](33) Disturbed area means the portion of a site for which the imperviousness of the ground has changed from pre-construction conditions as a result of any land clearing, land grading or construction activity. Disturbed areas may include lawns and landscaped areas. [(33)](34) Drainage Area means all land and water area from which runoff may run to a common design point. [(34)](35) Drainage basin means the land area which contributes surface water to a reservoir or controlled lake. [(35)](36) Driveway means a route accessible by a motor vehicle between [a residential building] an individual residence and a public or private road to provide ingress and egress from the [residential building] individual residence. [(36)](37) East of Hudson Watershed means West Branch, Boyd’s Corner, Bog Brook, East Branch, Croton Falls, Diverting, Titicus, Amawalk, Muscoot, New Croton, Cross River, Middle Branch and Kensico Reservoirs, Kirk Lake, Lake Gleneida and Lake Gilead, and their respective drainage basins. [(37)](38) Effective Date means May 1, 1997. [(38)](39) Effluent means water or wastewater that flows out from a wastewater treatment plant or other treatment process. (40) Enhanced subsurface sewage treatment system means a subsurface sewage treatment system that provides enhanced treatment of wastewater to reduce the amount of biochemical oxygen demand (BOD) and total suspended solids (TSS) of wastewater effluent prior to distribution to an absorption field. Enhanced subsurface sewage treatment systems include, but are not limited to, aerobic treatment units, peat filters, and textile filters. [(39)](41) Epilimnion means the uppermost, warmest, well-mixed layer of a lake during thermal stratification. [(40)](42) Erosion means the wearing away or the movement of soil by such physical agents as wind or water, that is exacerbated by such practices as the disturbance of ground
cover by stripping or removing vegetation, construction activity, or tilling. [(41)](43) Exfiltration means wastewater that leaks out of a sewer system into the surrounding environment, through faulty joints, defective pipes, cracks in pipes, connections, or at manholes. (44) Existing, where used to describe storage of hazardous substances, storage of petroleum products, or the siting of junkyards and solid waste management facilities, means physically constructed, functioning and operational prior to [the effective date of these rules and regulations] May 1, 1997. [(43)](45) Expansion means an increase in the permitted flow limit for a wastewater treatment plant as specified in the SPDES permit and/or an increase in the design capacity of a wastewater treatment plant. [(44)](46) Facility means a structure, room or other physical feature designed to perform a particular function and that makes possible some activity. [(45)](47) Fertilizer means any commercially produced mixture, generally containing phosphorus, nitrogen and/or potassium, except compost, that is applied to the ground to increase the supply of nutrients to plants. [(46)](48) Galley System means any subsurface system for treating sewage that employs structural chambers in a horizontal or vertical arrangement for the storage of effluent until it can be absorbed into the soil, that is utilized following a septic tank as an alternative to a standard absorption field, and that did not have all discretionary approvals necessary for construction and operation before June 30, 2002. [(47)](49) Gasoline station means an establishment at which gasoline is sold or offered for sale to the public for use in motor vehicles. (50) Gravelless absorption system means an absorption field using a wastewater distribution system designed to be installed without gravel or stone aggregate. Gravelless absorption systems may involve the use of geotextile, sand, or other media. [(48)](51) Groundwater means any water beneath the land surface in the zone of saturation. The zone of saturation is where water fills all available pore spaces. [(49)](52) Hamlet means a population center designated as a hamlet by a Town Board in the West of Hudson watershed and described as a hamlet in a Water Supply Permit duly issued by the New York State Department of Environmental Conservation or in any written agreement among the affected parties to the 1997 New York City Watershed Memorandum of Agreement, including the New York State Department of Environmental Conservation. [(50)](53) Hazardous substance means any substance defined or listed in 6 NYCRR Part 597 except that hazardous substance does not mean any petroleum product, including those listed in 6 NYCRR § 597.2, Table 1, and also does not mean any hazardous waste. [(51)](54) Hazardous waste means any solid waste, defined or listed as a hazardous waste in 6 NYCRR Part 371. [(52)](55) Holding tank means a tank or vault, with no outlet, used for holding sewage before it is pumped out and transported elsewhere for treatment or disposal. (56) Hot spot runoff means runoff from an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater, such as vehicle service and maintenance facilities, fleet storage areas, industrial sites, marinas, and facilities that generate or store hazardous materials. Runoff from residential, institutional, and office development, non-industrial rooftops, roads, and pervious surfaces is not generally hot spot runoff. (57) Hydrologic soil group means the designation of soils based on the National Engineering Handbook, Part 630, Chapter 7, Hydrologic Soil Groups, U.S. Department of Agriculture, National Resources Conservation Service, 2009 in which soils are categorized into four runoff potential groups, ranging from A soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff. [(53)](58) Hypolimnion means the lower, cooler layer of a lake during thermal stratification. [(54)](59) Impervious surface means an area which is either impervious to water or which substantially prevents the infiltration of water into the soil at that location. Impervious surfaces include, but are not limited to, paving, concrete, asphalt, rooftops, and other hard surfacing materials, and do not include dirt, crushed stone, or gravel surfaces, or other surfacing materials determined by the Department to be pervious for their intended purpose. [(55)](60) Individual residence means a building consisting of one or two residential [unit] units. [(56)](61) Individual sewage treatment system means an on-site subsurface sewage treatment system serving one or two family residential properties and receiving sewage without the admixture of industrial wastes or other wastes, as defined in the Environmental Conservation Law § 17-0701. [(57)](62) Industrial waste means any liquid, gaseous, solid or waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business, or from the development or recovery of any natural resources, which may cause or might reasonably be expected to cause contamination to or degradation of the water supply. [(58)](63) Infiltration means water, other than wastewater, that enters a sewer system, including sewer service connections, from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow and from treatment of runoff by stormwater infiltration practices. [(59)](64) Inflow means water other than wastewater that enters a sewer system, including sewer service connections, from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration. [(60)](65) In situ soil means naturally occurring glacial soil; it does not include fill or stabilized fill. [(61)](66) Intake means the points in the New York City water supply located prior to the point of disinfection where the water is no longer subject to surface runoff. [(62)](67) Intermediate sized sewage treatment system means an on-site subsurface sewage treatment system serving an industrial, institutional, municipal, commercial, or multifamily residential facility, and receiving sewage without the admixture of industrial wastes or other wastes, as defined in the Environmental Conservation Law § 17-0701. [(63)](68) Intermittent stream means a watercourse that during certain times of the year goes dry or whose lowest annual mean discharge during seven consecutive days with a recurrence interval of ten years (MA7CD/10) is less than 0.1 cubic foot per second and which periodically receives groundwater inflow. A drainage ditch, swale or surface feature that contains water only during and immediately after a rainstorm or a snow melt shall not be considered to be an intermittent stream. [(64)](69) Junkyard means any place of storage or deposit, whether in connection with another business or not, where four or more unregistered, old, or second hand motor vehicles, no longer intended or in condition for legal use on the public highways, are held, whether for the purpose of resale of used parts, for the purpose of reclaiming for use some or all of the materials such as metal, glass, or fabric for the purpose of disposing of the same, or for any other purpose. [(65)](70) Land clearing means the exposure of soil by devegetation or the exposure of soil to the forces of erosion. [(66)](71) Land grading means the removal, addition or alteration of surface or subsurface conditions of land by excavation or filling. [(67)](72) Limiting distance means the shortest horizontal distance from the nearest point of a structure or object to the edge, margin or steep bank forming the ordinary high water mark of a watercourse, wetland, reservoir, reservoir stem or controlled lake or to the contour line coinciding with the reservoir spillway elevation. (73) Mapped stream means a protected stream as defined in 6 NYCRR § 608.1. [(68)](74) Metalimnion means an intermediate zone between the epilimnion and hypolimnion where the water temperature drops rapidly with increasing depth. [(69)](75) Microfiltration means a process in which treated effluent passes through a membrane filter having a nominal pore diameter of 0.2 microns or less. [(70)](76) Multi-family residence means a building containing three (3) or more residential units. [(71)](77) Municipal solid waste landfill means a landfill, as defined in 6 NYCRR § [3601.2] 360.2, which is owned or operated by a municipality. [(72)](78) New, where used to describe storage of hazardous substances, storage of petroleum products, and the siting of junkyards and solid waste management facilities, means [any regulated activity] undertaken, constructed, installed, or implemented after May 1, 1997. [(73)](79) Noncomplying regulated activity means any regulated activity or existing activity which does not conform to the standards set forth in these rules and regulations, but has obtained all discretionary approvals necessary for construction and operation, prior to the effective date of these rules and regulations and/or prior to the effective date of an amendment to these rules and regulations that made the activity noncomplying. [(74)](80) Nonpoint source pollution means pollution sources which are diffuse and do not have a single point of origin or are not introduced into a receiving stream from a point source. [(75)](81) NYCRR means the Official Compilation of Codes, Rules and Regulations of the State of New York. [(76)](82) Offset means a reduction in the discharge of phosphorus into a drainage basin which is surplus, quantifiable, permanent, and enforceable, as defined herein: (83) One hundred-year, twenty-four hour storm means the storm, with a twenty-four hour duration, that statistically has a one percent chance of occurring in any given year, as set forth in the “New York State Stormwater Design Manual,” New York State Department of Environmental Conservation (2015). [(77)](84) One-year, twenty-four hour storm means the storm, with a twenty-four hour duration, that statistically has a 100 percent chance of occurring in any given year, [as specified in the most recent Watershed Water Quality Annual Report] as set forth in the “New York State Stormwater Design Manual,” New York State Department of Environmental Conservation (2015). [(78)](85) Operator means any person who leases, operates, controls or supervises a facility. [(79)](86) Owner means any person who has legal or equitable title to a facility. [(80)](87) Pathogenic means capable of causing disease from organisms, including but not limited to: bacteria, fungi, viruses, and protozoa (such as Giardia and Crypto- sporidium). [(81)](88) Person means any individual, public or private corporation, political entity, agency, municipality, industry, co-partnership, association, firm, trust, estate or any other legal entity whatsoever, except that person shall not mean the State of New York or any State department, agency, board, public benefit corporation, public authority or commission. [(82)](89) Perennial stream means a watercourse that flows throughout the year from source to mouth. [(83)](90) Pesticide means (i) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living humans, or other animals, which the Commissioner of the New York State Department of Environmental Conservation shall declare to be a pest or (ii) any substance or mixture of substances intended as a plant regulator, defoliant or desiccant. [(84)](91) Petroleum product means oil or petroleum of any kind and in any form including, but not limited to, oil, petroleum, fuel oil, oil sludge, oil refuse, oil mixed with other wastes and crude oils, gasoline and kerosene. [(85)](92) Phosphorus restricted basin means (i) the drainage basin of a source water reservoir in which the phosphorus load to the reservoir results in the phosphorus concentration in the reservoir exceeding 15 micrograms per liter, or (ii) the drainage basin of a reservoir other than a source water reservoir or of a controlled lake in which the phosphorus load to the reservoir or controlled lake results in the phosphorus concentration in the reservoir or controlled lake exceeding 20 micrograms per liter in both instances as determined by the Department pursuant to its annual review conducted under § 18-48(e) of Subchapter D. [(86)](93) Photic zone means the region of a lake that receives light, where photosynthesis takes place. The photic zone extends down to a depth where photosynthetic activity and respiration are balanced due to the available light, or to one percent surface illumination. [(87)](94) Point source means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or vessel or other floating craft, or landfill leachate collection system, from which pollutants are or may be discharged. [(88)](95) Pollutant means unpermitted dredged spoil, solid waste, incinerator residue, sewage, effluent, garbage, sewage sludge, munitions, chemical waste, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, and industrial and municipal waste discharged into water. (96) Portable toilet means a non-waterborne sewage system with offsite residual disposal, as identified in 10 NYCRR Appendix 75-A. [(89)](97) Principal means an agency or person that owns 10 percent or more of the voting stock or has the ability to control a corporation, partnership or other entity. (98) Qualifying municipal sewer use law means a local law or ordinance that includes provisions substantially similar to Articles 1-3, 5- 7, 11-14 and the Appendix of the New York State Department of Environmental Conservation Model Sewer Use Law, dated 1994, or which the New York State Department of Environmental Conservation has otherwise accepted pursuant to the SPDES permit for the wastewater treatment plant served by
a municipal sewer system. [(90)](99) Radioactive material means any material in any form that emits radiation spontaneously. [(91)](100) Redevelopment [project] means the reconstruction or modification of any previously developed land such as residential, commercial, industrial, or road/highway, which involves soil disturbance. Redevelopment is distinguished from new development in that new development refers to [construction] soil disturbance on land which has not been developed. The term “redevelopment [project]” specifically applies to areas previously developed with impervious surfaces. [(92)](101) Regulated activity means any activity to which these rules and regulations apply, as described in subdivisions (a)-(d) of § 18-14 of Subchapter A of these rules and regulations. [(93)](102) Remediation means the repair or replacement, other than routine repair or maintenance as described in § 18-38[(a)(9)](b)(5)(iii) of Subchapter C, of a subsurface sewage treatment system [that is failing]. Remediation does not include alteration or modification as defined in these rules and regulations. (103) Reserve absorption field means an area identified in the design for a subsurface sewage treatment system as suitable for infiltration of sewage to the soil by means of a network of pipes. [(94)](104) Reservoir means any natural or artificial impoundment of water owned or controlled by the City which is tributary to the City Water supply system. [(95)](105) Reservoir stem means any watercourse segment which is tributary to a reservoir and lies within 500 feet or less of the reservoir. [(96)](106) Residential lot(s) means any parcel of land of five acres or less, any point on the boundary line of which is less than one-half mile from any point on the boundary line of another such lot in the same tract, unless any such lot may not legally be used for residential purposes. Without limiting the generality of the foregoing, the term “residential” shall include temporary, seasonal and permanent residential use. [(97)](107) Sediment means organic or mineral solids or colloids that are transported by the process of hydrologic, hydraulic, or atmospheric transport, including but not limited to erosion. [(98)](108) Sewage means the water-carried human or animal wastes from residences, buildings, industrial establishments or other places, together with such groundwater infiltration and surface water as may be present. The admixture of sewage with industrial waste or any other waste as herein defined, shall also be considered “sewage” within the meaning of these rules and regulations. [(99)](109) Sewer connection [or lateral] means the connection between a building, residence, or other structure and a sewer system except that any connection designed and intended to convey 2,500 gallons per day or more of [residential] sewage, industrial waste or other wastes shall be considered a sewer extension. Sewer connections designed to facilitate additional sewer connections, which are proposed on or after November 29, 2019, shall be considered sewer extensions. [(100)](110) Sewer extension means newly constructed sewer pipe lines or conduits, and pumping stations and other constructions appurtenant thereto, designed to serve one or more sewer connections and to convey sewage, industrial waste or other wastes to a sewer system. [(101)](111) Sewer system means pipe lines or conduits, pumping stations, and force mains, and all other constructions, devices, and appliances appurtenant thereto, including sewer extensions, used for conducting sewage, industrial waste or other wastes to a treatment facility. [(102)](112) Silvicultural activity means the removal of selected trees within a specified boundary designated by the owner of the property so that adequate numbers of trees are left to provide seed and partial shade for the development of new tree seedlings, and when such activity is in accordance with Federal, State and local laws. [(103)](113) Small quantity generator has the meaning set forth in 6 NYCRR § 370.2. [(104)](114) Solid waste means all putrescible and non-putrescible materials or substances that are discarded, abandoned, or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal, except where exempt from compliance with 6 NYCRR Part 360 as described in 6 NYCRR § [360-1.2(a)(4)] 360.2(a)(3). [(105)](115) Solid waste management facility means any facility employed beyond the initial solid waste collection process and managing solid waste, [including but not limited to: storage areas or facilities; transfer stations; rail-haul or barge-haul facilities; landfills; construction and demolition processing facilities; disposal facilities; solid waste incinerators; refuse-derived fuel processing facilities, pyrolysis facilities; C&D debris processing facilities; land application landspreading facilities; composting facilities; surface impoundments; waste used oil storage, reprocessing and rerefining facilities; recyclables handling and recovery facilities; and waste tire storage facilities; and regulated medical waste treatment facilities,] as defined in 6 NYCRR § [360-1.2] 360.2. [(106)](116) Source water reservoir means Ashokan, Cross River, Croton Falls, Kensico, New Croton, Rondout, and West Branch Reservoirs. [(107)](117) SPDES flow parameter violation means two or more violations of a permitted State Pollutant Discharge Elimination System (SPDES) flow parameter limit during a consecutive six month period. A facility that operates less than 6 months per year will be deemed to have a SPDES flow parameter violation if the permitted SPDES flow parameter limit is violated one or more times during any consecutive four month period. [(108)](118) State Pollutant Discharge Elimination System (SPDES) permit means a permit issued pursuant to Titles 7 and 8 of Article 17 of the Environmental Conservation Law. [(109)](119) Stormwater means that portion of precipitation that is in excess of the evaporative or infiltrative capacity of soils, or the retentive capacity of surface features, that flows off the land by surface runoff or by subsurface interflow to watercourses, wetlands, reservoirs, reservoir stems and controlled lakes, i.e., that portion of the water supplied to surface drainage that is not groundwater or base flow. (120) Stormwater bioretention practice means a stormwater management practice that uses landscaping and soils to treat stormwater runoff by collecting it in shallow depressions, before filtering through a fabricated planting soil media. [(110)](121) Stormwater conveyance measure means a swale, drainage ditch, pipe, spillway, or other structure located outside a stormwater management practice that is used solely to transport water between stormwater management practices or to a watercourse or wetland. A stormwater conveyance measure constructed to convey stormwater, on a temporary basis, during active construction, which will not be used as a stormwater conveyance measure after construction is complete, is not considered a watercourse under this Chapter. A stormwater conveyance measure that contains water only during and immediately after a rainstorm or a snowmelt is not considered a watercourse. [(111)](122) Stormwater infiltration practice means a stormwater management practice designed to collect and temporarily store runoff and to distribute that runoff to the underlying soil for treatment. [(112)](123) Stormwater management practice means a stormwater pond, stormwater wetland (also known as a constructed wetland), infiltration system, filter practice, or open channel used primarily for managing and/or treating stormwater, including a Department approved alternative stormwater management practice. [(113)](124) Stormwater Project Review Committee (“Committee”) means a Committee formed in each Town or Village in the watershed to assist the Department in implementing subdivisions 18-39(b) and (c) of Subchapter C, and consisting of the following four Committee members: a representative of the Department, who shall act as chairperson; a representative of the New York State Department of Environmental Conservation from the region in which the activity requiring a stormwater pollution prevention plan is proposed to be located; a representative of the Town or Village in which the activity requiring a stormwater pollution prevention plan is proposed to be located or if no one is designated by the Town, or if the activity is proposed for a village, the Village, a representative of the appropriate County Planning Department, provided, however, that a Town, or if the activity is proposed for a village, the Village, may at any time designate a representative to replace the one designated by the County Planning Department; and a representative of the County Department of Health from the County in which the activity requiring a stormwater pollution prevention plan is proposed to be located, or in a County without a County Department of Health, a representative of the County Soil and Water Conservation Service. [(114)](125) Stormwater retrofit means any construction of a structural stormwater management practice in a previously developed area, the modification of a structural stormwater management practice, or the implementation of a nonstructural practice to improve stormwater management and/or stormwater treatment over current conditions. [(115)](126) Stratification means the physical condition caused primarily by temperaturecreated differences in water density, which results in the formation of a warm, surface layer (epilimnion), a zone of transition (metalimnion), and a cooler, deep layer of water (hypolimnion). [(116)](127) Subdivision means any tract of land which is divided into five or more parcels of five acres or less, along an existing or proposed street, highway, easement or right-ofway, for sale or for rent as residential lots. A tract of land shall constitute a subdivision upon the sale, rental or offer for sale or lease of the fifth residential lot therefrom within any consecutive three year period. [(117)](128) Subsurface discharge means discharge to an absorption area, i.e., a process designed to allow filtered, treated sewage effluent to be discharged into the ground as a means of ultimate disposal. [(118)](129) Subsurface sewage treatment system means any underground system used for collecting, treating, and disposing of sewage into the ground including, but not limited to, individual and intermediate sized sewage treatment systems, as defined in these rules and regulations. (130) Superintendent, where used in connection with a municipality with a qualifying municipal sewer use law, means “superintendent” as defined in that law. [(119)](131) Ten-year, twenty-four hour storm means the storm, with a twenty-four hour duration, that statistically has a ten percent chance of occurring in any given year, [as specified in the most recent Watershed Water Quality Annual Report] as set forth in the “New York State Stormwater Design Manual,” New York State Department of Environmental Conservation (2015). [(120)](132) Terminal reservoir means Kensico, West Branch, New Croton, Ashokan and Rondout Reservoirs. [(121)](133) Two-year, twenty-four hour storm means the storm, with a twenty-four hour duration, that statistically has a fifty percent chance of occurring in any given year, as set forth in the “New York State Stormwater Design Manual,” New York State Department of Environmental Conservation (2015). [(122)](134) Ulster County Fill System means a subsurface sewage treatment system used in Ulster County which has been approved by the New York State Department of Health for use in Ulster County and which is built upon two (2) feet of in situ soil that has a percolation rate between 3 to 60 minutes/inch, and which uses at least four (4) feet of fill material, including at least three (3) feet between the bottom of the trench and the in situ soil, that has a percolation rate between 3 and 10 minutes/inch. Ulster County Fill Systems may be used on individual lots or in subdivisions in Ulster County and may also be used in a county other than Ulster if the New York State Department of Health has approved the system for use in such other county. [(123)](135) Village means a territory which has been incorporated as a village pursuant to Article 2 of the New York State Village Law. [(124)](136) Village extension means an area immediately adjoining a main road extending outside an existing village which has been designated as a village extension by a Town Board in the West of Hudson watershed and described in a Water Supply Permit duly issued by the New York State Department of Environmental Conservation or in any written agreement among the affected parties to the 1997 New York City Watershed Memorandum of Agreement, including the New York State Department of Environmental Conservation. [(125)](137) Wastewater treatment plant means any facility which treats sewage or discharges treated effluent not intended to receive further treatment in the watershed, and which requires a permit under Titles 7 or 8 of Article 17 of the Environmental Conservation Law. A wastewater treatment plant is installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage by removal of contaminants accomplished by unit operations or processes or by a combination of such operations and processes as may be applicable to a given design for a wastewater treatment plant. Wastewater treatment plants shall not include intermediate sized sewage treatment systems as defined in these rules and regulations. [(126)](138) Water Quality Volume (WQv) means the storage needed to capture and treat 90% of the average annual stormwater runoff volume. WQv is calculated as follows: WQv = (P)(Rv)(A) 12 where: WQv = water quality volume (in acre-feet) P = 90% Rain Event Number [(A map of the 90% Rainfall in New York State appears in the most recent Watershed Water Quality Annual Report.)] as set forth in the “New York State Stormwater Design Manual,” New York State Department of Environmental Conservation (2015). Rv = 0.05 + 0.009(I), where I is percent impervious cover A = site area in acres [A minimum WQv of 0.2 inches per acre shall be met at residential sites that have less than 17% impervious cover.]
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October 23, 2019
The Reporter New York City Department of Environmental Protection Notice of Adoption of Rules (continued)
[(127)](139) Water supply means the New York City public water supply system, and includes all watercourses, wetlands, reservoirs, reservoir stems and controlled lakes tributary thereto. [(128)](140) Watercourse means a visible path through which surface water travels on a regular basis, including an intermittent stream, which is tributary to the water supply. A drainage ditch, swale or surface feature that contains water only during and immediately after a rainstorm or a snowmelt shall not be considered to be a watercourse. [(129)](141) Watershed means the land area contributing surface water to the New York City water supply. [(130)](142) Watershed Agricultural Council means the Watershed Agricultural Council for the New York City Watershed, Inc., a not-for-profit organization with its principal place of business at 33195 State Highway 10, Walton, New York 13856. [(131) Watershed Water Quality Annual Report means the report prepared annually by the Department in accordance with § 18-48 of these Rules and Regulations. The Watershed Water Quality Annual Report includes the results of its annual review of its reservoirs and controlled lakes as described in § 18-48 of these Rules and Regulations as well as the current New York State rainfall values for the one- and ten-year, twenty-four hour storms and a map of the 90% rainfall in New York State.] [(132)](143) West of Hudson watershed means the Ashokan, Cannonsville, Pepacton, Neversink, Rondout, and Schoharie Reservoirs and their drainage basins. [(133)](144) Wetland means any area mapped as a wetland by the New York State Department of Environmental Conservation pursuant to the Environmental Conservation Law, which is at least 12.4 acres in size or has been designated as a wetland of unusual local importance. [(134)](145) Winter highway maintenance materials means the solid compounds or the solutions that are commonly used for traction on, or for the abatement of, winter road ice, including, but not limited to, chloride compounds, and mixtures of sand and chloride compounds [, sand and coal combustion bottom ash and ash from solid waste incinerators that meet the requirements of 6 NYCRR § 360-3.5(h)]. § 4. Subdivisions (9) through (15) of Section 18-17 of title 15 of the Rules of the City of New York are repealed and Subdivisions (3) through (8) of Section 18-17 of title 15 of the Rules of the City of New York are amended as follows: §18-17 References. (3) National Engineering Handbook, Part 630, Chapter 7, Hydrologic Soil Groups, U.S. Department of Agriculture, National Resources Conservation Service, 2009, U.S. Department of Agriculture 1400 Independence Ave., Washington, D.C. 20250. [Standard Methods for the Examination of Water and Wastewater, 12th edition, 1965, Table 18, “Qualitative Description of Odors,” page 306, American Public Health Association, American Water Works Association, and Water Pollution Control Federation, 2626 Pennsylvania Avenue NW, Washington, D.C. 20037. (4) Standard Methods for the Examination of Water and Wastewater, 18th edition, 1992, American Public Health Association, American Water Works Association, and Water Environment Federation, 2626 Pennsylvania Avenue NW, Washington, D.C. 20037. (5) Methods for Chemical Analysis of Water and Wastes, 1979, Environmental Protection Agency (EPA), Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. (6) State Environmental Quality Review Act, New York State Environmental Conservation Law, Article 8 (ECL §8-0101 et seq.), Department of State, 162 Washington Avenue, Albany, New York 12231. (7) Public Water Supplies; Sewerage and Sewage Control, New York State Public Health Law, Article 11 (PHL §1100 et seq.), Department of State, 41 State Street, Albany, New York 12231. (8) Classifications and Standards of Quality and Purity, 6 NYCRR Parts 701 and 703, Department of State, 41 State Street, Albany, New York 12231. (9) Standards for Individual Water Supply and Wastewater Treatment Systems, 10 NYCRR Part 75 and Appendix 75-A, Department of State, 41 State Street, Albany, New York 12231.] [(10)](4) New York State Department of Environmental Conservation Technical and Operational Guidance Series (TOGS) 1.1.1, Ambient Water Quality Standards and Guidance Values and Groundwater Effluent Limitations (October 22, 1993, Reissue Date June 1998, as modified and supplemented by the January 1999 Errata Sheet and the April 2000 and June 2004 Addenda), New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233. [(11)](5) New York State Department of Environmental Conservation Technical and Operational Guidance Series (TOGS) 1.3.1, Total Maximum Daily Loads and Water Quality Based Effluent Limits (July 8, 1996, Revised February 1998), including Amendments A through E (July 8, 1996), New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233. [(12)](6) New York State Department of Environmental Conservation Technical and Operational Guidance Series (TOGS) 1.3.1B, Total Maximum Daily Loads and Water QualityBased Effluent Limits, Amendments-Low and Intermittent Stream Standards (July 8, 1996), New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233. [(13)](7) New York State Department of Environmental Conservation SPDES General Permit for [Storm Water] Stormwater Discharges from Construction [Activities] Activity, Permit No. [GP-0-10-001] GP-0-15-002, [Dated] Effective January 29, [2010] 2015, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233 [(14)](8) New York State Design Standards for [Wastewater Treatment Works,] Intermediate Sized [Sewerage Facilities] Wastewater Treatment Systems, [1988] 2014, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233. (9) New York State Stormwater Design Manual, 2015, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233. (10) Model Sewer Use Law, 1994, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233. [(15)](11) Recommended Standards for Wastewater Facilities, Great Lakes—Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers, [2004] 2014, Health Education Services, Health Education Services Division, P.O. Box 7126, Albany, New York 12224. § 5. Paragraph (4) of subdivision (c) of Section 18-23 of title 15 of the Rules of the City of New York are amended as follows: §18-23 Application Procedures and Requirements. (c) An application shall contain the following information: (4) An application for review and approval of any regulated activity shall include the name, address, telephone number, email address, and fax number of the applicant or the applicant’s authorized representative, and of the design professional(s), if any, involved in preparing the application. § 6. Subdivisions (a), (b), and (c), paragraphs (1), (2), and (3) of subdivision (d), and subdivisions (e) through (h) of Section 18-26 of title 15 of the Rules of the City of New York are amended as follows: § 18-26 Modification, Suspension or Revocation of Approvals and Variances. (a) An approval or variance issued by the Department pursuant to these rules and regulations may be modified, suspended or revoked at any time upon the Department’s initiative, on any of the grounds set forth in paragraphs (1) through (5) of this subdivision. [The grounds for modification, suspension or revocation include:] (b) The Department shall send a notice of intent to modify, suspend or revoke an approval or variance to the person named in the approval or variance by certified mail, return receipt requested or by personal service. The notice shall [state the alleged facts or conduct which appear to warrant the intended action] specify the ground or grounds on which the modification, suspension, or revocation is sought, as well as the alleged facts on which the modification, suspension, or revocation is based. (c) Within fifteen calendar days of receipt of a notice of intent, the person named in the approval or variance may submit a written statement to the Department, giving reasons why the approval or variance should not be modified, suspended or revoked[, or requesting a hearing, or both]. Failure by such person to timely submit a statement shall result in the Department’s action becoming effective on the date specified in the notice of intent. (d) Within fifteen calendar days of receipt of such person’s statement, the Department shall either: (1) [If a statement without a request for a hearing is submitted, rescind or confirm] Rescind the notice of intent based on a review of the information provided by such person; [or] (2) [If a statement with a request for a hearing is submitted, notify such person of a date and place for a hearing, to be commenced not later than sixty calendar days from this notification] Confirm the Department’s intent to modify, suspend, or revoke the approval or variance as stated in the notice of intent; or (3) Amend the Department’s notice of intent, specifying the Department’s revised intent to modify, suspend, or revoke the approval or variance. (e) [In the event such a hearing is held, the Commissioner shall, within thirty calendar days of receipt of the complete record, issue a written decision, stating the findings and reasons therefor, to the person named in the approval or variance. The decision shall: (1) Continue the approval or variance in effect as originally issued; (2) Modify the approval or variance or suspend it for a stated period of time or upon stated conditions; or (3) Revoke the approval or variance, including, where ordered by the Commissioner, removal or modification of all or any portion of a project, whether completed or not.] If the Department confirms or amends its intent to modify, suspend, or revoke the approval or variance, the person named in the approval or variance may request a hearing on the Department’s determination by submitting a petition in writing to the Office of Administrative Trials and Hearings (“OATH”), and sending a copy of the petition to the Commissioner, within thirty (30) days of receipt of confirmation of the Department’s intent, in accordance with the following: (1) Form and content of petition. The petition must state the name, address, and email address of the petitioner and must include a short and plain statement of the matters to be heard by OATH. The following documents must be included with the petition: the Department’s notice of intent to modify, suspend, or revoke the approval or variance; the petitioner’s statement giving reasons why the approval or variance should not be modified, suspended or revoked; the Department’s confirmation or amendment of its intent; and a completed OATH intake sheet. Blank intake sheets are available from the Department. (2) Department response. Within twenty (20) days of receipt of the petition, the Commissioner may respond to the petition. If the Commissioner responds, the Commissioner must include the record on which the determination was based. A copy of any response shall be sent to the petitioner. (3) Proceedings before the OATH Trials Division. Upon receipt of the petition for a hearing, OATH shall promptly schedule a hearing at a time and date which shall not be less than thirty (30) days, nor exceed one hundred twenty (120) days, from the date of receipt by OATH of the petition for a hearing unless the parties and the ALJ agree to another date. The hearing may be held in the district of the Department where the activity that is the subject of the order is located, except that hearings may be held at the Department’s offices in Kingston, New York for petitions relating to regulated activities in the East of Hudson watershed and at the Department’s offices in Kingston, New York for petitions relating to regulated activities in the West of Hudson watershed. The hearing may also be held by video conferencing or other electronic means, or as otherwise agreed to by the parties and the ALJ. Notice of such hearing shall be provided in writing to the petitioner and to the Department. (4) Burden of proof. The Department shall have the burden of proving, by a preponderance of the evidence, facts supporting the modification, suspension or revocation. (5) The hearing shall be held before an OATH ALJ. The ALJ shall cause a record of the hearing to be made, and shall make a recommendation to the Commissioner within thirty (30) days of the close of the hearing record, setting forth the appearances, the relevant facts and arguments presented at the hearing, findings of fact and conclusions of law, and a recommendation as to whether approval or variance should be modified, suspended, or revoked and the reasons therefor. A transcript of the record of the hearing shall be made available at the petitioner’s request and expense. (f) Within thirty (30) days of receipt of the recommendation of the ALJ, the Commissioner shall issue a final decision approving, rejecting, or modifying the ALJ’s recommendation and shall serve that decision on the parties to the proceeding. If the Commissioner does not act within that time, the ALJ’s recommendation shall be deemed adopted by the Commissioner. (g) Where the Department proposes to modify, suspend, or revoke an approval or variance, and the person named in the approval or variance requests a hearing on the proposed modification, suspension, or revocation, the original conditions of the approval or variance shall remain in effect until a decision has been issued by the Commissioner pursuant to subdivision ([e]f) of this section. At such time the modified conditions shall take effect. [(g)](h) Nothing in this section shall preclude or affect the [Commissioner’s] Department’s authority to use the remedy of summary abatement or to issue a cease and desist order under these rules and regulations, or any other law or regulation or to seek injunctive relief to enforce these rules and regulations, or any other law or regulation, in a court of competent jurisdiction. § 7. Paragraphs (3), (4), (5) and (6) of subdivision (a), and subdivision (b) are amended and a new subdivision (c) is added to Section 18-27 of title 15 of the Rules of the City of New York as follows: §18-27 Noncomplying Regulated Activities.
(a) General requirements. [(3) Except where otherwise provided in these rules and regulations, no noncomplying regulated activity shall be substantially altered or modified without the prior review and approval of the Department. The Department shall review and approve such an alteration or modification in accordance with the standards and procedures set forth in Subchapter F (variances). However, a noncomplying regulated activity may be reduced in size or extent without such review and approval provided that such reduction does not cause any increase in any existing discharge or any increase in the potential for contamination to or degradation of the water supply. An application for a regulated activity, which does not involve a substantial alteration or modification of a noncomplying regulated activity, shall be review in accordance with the standards for that regulated activity.] [(4) In the event that any noncomplying regulated activity is discontinued for a period of one year or more, it shall permanently desist. However, a noncomplying regulated activities shall not be deemed discontinued in the following situations: (i) Seasonal use of a residence or business; (ii) Destruction of 75 percent or more of the market value of a noncomplying regulated activity and its related property, by flood, fire, or other natural disaster, provided that any replacement of a noncomplying regulated activity shall be identical in capacity, intensity, volume and type to the former noncomplying regulated activity and provided that such replacement shall take place within two years of such destruction, and provided further that such replacement shall comply with these rules and regulations, where possible; (iii) Transfer, sale, or lease of a residence or business provided further that the noncomplying regulated activity is not changed to a different noncomplying regulated activity, unless approved by the Department, and provided that such transfer, sale or lease occurs within three years of the offering for sale or lease of the residence or business.] ([5]4) Should any noncomplying regulated activity cause contamination to or degradation of the water supply, such that the activity is a threat to the life, health, or safety of water supply users, the Commissioner may order that such noncomplying regulated activity conform either in whole or in part to the requirements of these rules and regulations, immediately or within a limited period of time at the Commissioner’s discretion, or be discontinued immediately. Any person who receives such an order may request a hearing on such order in the manner provided in § 18-29. ([6]5) Any owner or operator of a noncomplying regulated activity [who was not required by these rules and regulations to notify the Department pursuant to paragraph (1) of subdivision (b) of this section,] may request, in writing, a determination from the Department that such property or activity is a noncomplying regulated activity. The written request shall include [all of the information required in such paragraph] a description of the property or activity and its location, and the name, telephone number, and email address of a contact person. The Department shall determine, based upon the submission, whether the property or activity is a noncomplying regulated activity, and shall notify the owner or operator of such determination in writing. [(b) Commercial, industrial, institutional or governmental noncomplying regulated activities. (1) Commercial, industrial, institutional or governmental owners or operators of a noncomplying regulated activity shall notify the Department, in writing, of the existence of the noncomplying regulated activity within one (1) year of the effective date of these rules and regulations. The notification shall include a description of the noncomplying regulated activity and its location, and the name and telephone number of a contact person. (2) The Department shall publish a directory of all commercial, industrial, institutional or governmental noncomplying regulated activities located in the watershed based upon the information submitted pursuant to paragraph (1) of this subdivision, and any additional information available to the Department. (3) The directory shall be published in a newspaper of general circulation for two consecutive weekdays in each of two consecutive weeks. (4) Within sixty days of the last date of such publication, any commercial, industrial, institutional, or governmental owner or operator of a noncomplying regulated activity shall notify the Department in writing of any objection to the information set forth in the directory. Furthermore, any owner or operator of a noncomplying regulated activity shall notify the Department in writing of the omission from the directory of his or her noncomplying regulated activity. (5) Within 120 days of the last date of publication of the directory, the Department shall publish a revised directory, in accordance with the procedures provided for in paragraph (3) of this subdivision. (6) If, within five years of the effective date of these rules and regulations, a commercial, industrial, institutional or governmental owner or operator of a noncomplying regulated activity discovers that his or her property should have been included in the final directory and was not included, such owner or operator shall write to the Department and request that the property be added to the directory. The request shall include all of the facts surrounding the omission from the listing and the reason why the property should be designated a noncomplying regulated activity, as well as all supporting documentary evidence, such as title searches, deeds, etc. Based upon the submission, the Department shall determine whether to add the property to the directory and shall notify the petitioner in writing of its decision. (7) Upon written notification by the Department, a commercial, industrial, institutional, or governmental owner or operator of a noncomplying regulated activity may be required to submit any results of local, state or federally mandated or conducted tests or environmental audits. In addition, such owner or operator may be required to provide to the Department copies of any reports or applications submitted to local, state and federal agencies relating to the noncomplying regulated activity. (8) Upon written notification by the Department, a commercial, industrial, institutional, or governmental owner or operator of a noncomplying regulated activity may be required to submit, within ninety days of receipt of mailing, for review and approval by the Department, a plan to protect the water supply from the potential for contamination or degradation posed by such activity. Such plan may include, but shall not be limited to, restriction or management of activities, use of best management practices, drainage control, development of procedures to address the potential contamination or degradation (including disposal procedures) and training of employees. (i) The decisions whether to require submission of a plan and whether to approve a plan shall be based upon the risk of potential for contamination to or degradation of the water supply based upon such factors as: location, intensity of use, record of adequate maintenance and operation of any existing structure or facility, compliance with existing local, state, and federal laws and rules and regulations, and the burden upon the noncomplying regulated activity.] (b) Subsurface Sewage Treatment Systems. The regulations applicable to discontinuation, and the standards for alteration or modification, of noncomplying regulated activities that are subsurface sewage treatment systems are set forth in Section 18-38(b). (c) Storage of hazardous substances, storage of petroleum products, and the siting of junkyards and solid waste management facilities. (1) No noncomplying regulated activity involving storage of hazardous substances, storage of petroleum products, or the siting of junkyards and solid waste management facilities shall be substantially altered or modified without the prior review and approval of the Department. The Department shall review and approve such an alteration or modification in accordance with the standards and procedures set forth in Subchapter F (variances). (i) Such a noncomplying regulated activity may be reduced in size or extent, or replaced with a regulated activity that complies with the provisions of these rules and regulations, without such review and approval provided that such reduction does not cause any increase in any existing discharge or any increase in the potential for contamination to or degradation of the water supply. (2) In the case of storage of hazardous substances, storage of petroleum products, and the siting of junkyards and solid waste management facilities, a noncomplying regulated activity must come into compliance with these rules and regulations if, for any reason, there is discontinuation for a period of two consecutive years. If it cannot come into compliance, it must permanently desist. A period of discontinuation shall commence on the date when regular or seasonal use ceases. Incidental or illegal use of an unoccupied structure shall not be sufficient to interrupt a period of discontinuation, and intent to resume a noncomplying regulated activity shall not confer the right to do so. The burden of proof for showing that a noncomplying regulated activity has not been substantially discontinued shall be on the owner or operator. § 8. Subdivisions (a), (b) and (d), paragraph (2)(i) of subdivision (f), and subdivision (g) of Section 18-28 of title 15 of the Rules of the City of New York are amended as follows: § 18-28 Appeals. (a) An applicant may appeal a final determination issued by the Department under these rules and regulations by filing a petition in writing with the Department and with the New York City Office of Administrative Trials and Hearings, Trials Division (“OATH”) within thirty (30) days of the date the determination was mailed. The petition shall state the name, address, and email address of the petitioner and shall include a short and plain statement of the matters to be adjudicated, identifying the approval or variance sought by the petitioner with citation to the applicable provisions of these rules and regulations, the regulated activity for which the Department issued the determination, the proposed location of the activity, and the date of the Department’s determination. The petition should also indicate whether the petitioner is requesting a hearing. A copy of the determination being appealed shall be attached to the petition. In addition, a completed OATH intake sheet shall be included with the petition. Blank intake sheets are available from the Department. (b) The following determinations of the Department are appealable: (d) The following issues are [adjudicable] reviewable on appeal: (4) Except where the Department has acted as lead agency, the ALJ shall not [adjudicate] review any issues related to compliance with the State Environmental Quality Review Act (SEQRA). (f)(1) Appeals from determinations relating to individual sewage treatment systems or variances shall be decided on the record before the Department in its review of the application and any other written submissions allowed by the ALJ. (2) A petitioner may request [an adjudicatory] a hearing on appeals from all other determinations issued by the Department. If a petitioner does not request a hearing, the petition shall be decided on the record before the Department in its review of the application and any other written submissions allowed by the ALJ. (i) [Unless otherwise agreed to by the parties and the ALJ, the] The hearing [shall] may be held in the district of the Department in which the regulated activity was proposed to be located, except that hearings may be held at the Department’s offices in Valhalla, New York for appeals relating to regulated activities in the East of Hudson watershed and at the Department’s offices in Kingston, New York for appeals relating to regulated activities in the West of Hudson watershed. The hearing may also be held by video conferencing or other electronic means, or as otherwise agreed to by the parties and the ALJ. (g) The ALJ shall submit a report to the Commissioner within 60 days after the record on appeal is closed with a recommendation as to whether the determination appealed from should be approved, modified or rejected. The Commissioner shall issue a final decision approving, rejecting, or modifying the ALJ’s recommendation within 30 days of receipt of the ALJ’s report. If the Commissioner does not act within that time, the ALJ’s recommendation shall be deemed approved by the Commissioner. (h) This section shall not apply to determinations made by local governments administering provisions of these rules and regulations pursuant to Subchapter G. (i) An applicant shall have the option whether to file an [administrative] appeal under this section and nothing in this section shall preclude an applicant from challenging [a] the final determination issued by the Department in a court of competent jurisdiction, including instituting a proceeding under Article 78 of the Civil Practice Law and Rules, without first filing a petition for appeal pursuant to this section. § 9. Subdivisions (a), (b), (d), (e), (f), (g), and (h) of Section 18-29 of title 15 of the Rules of the City of New York are amended as follows: §18-29 Hearings on Cease and Desist Orders (a) Any person who receives a cease and desist order may request a hearing on the order by submitting a petition in writing to the Commissioner and to the Office of Administrative Trials and Hearings, Trials Division (“OATH”) within seven (7) days of receipt of the cease and desist order. The petition for a hearing shall state the name, address, and email address of the petitioner and shall include a short and plain statement of the matters to be adjudicated, identifying the activity that is the subject of the order, the location of the activity, and the date of the cease and desist order. A copy of the order shall be attached to the petition. In addition, a completed OATH intake sheet shall be included with the petition. Blank intake sheets are available from the Department. (b) Upon receipt of the petition for a hearing, OATH shall schedule a hearing promptly in the district of the Department where the activity that is the subject of the order allegedly occurred, and at a time and date which shall not exceed fifteen (15) days from the date of receipt by OATH of the petition for a hearing unless the parties and the ALJ agree to another location and date, except that hearings may be held at the Department’s offices in Valhalla, New York for petitions relating to regulated activities in the East of Hudson watershed and at the Department’s offices in Kingston, New York for petitions relating to regulated activities in the West of Hudson watershed. The hearing may also be held by video conferencing or other electronic means. Notice of such hearing shall be provided in writing to the petitioner and to the Department. (c) A petition for a hearing shall not stay compliance with the cease and desist order, and
it shall continue to be the duty of the petitioner to discontinue the activity pursuant to the terms of the order. Failure to do so shall be a violation of the order and these rules and regulations. (d) At the hearing, the [petitioner] Department shall have the burden of proving [that the activity that is the subject of the order does not come within the provisions of §18-21(a)(5) and §18-27(a)[(5)](3) of these rules and regulations] by a preponderance of the evidence, facts supporting the cease and desist order. (e) The failure of the petitioner to appear at the time, date and place set forth in the notice of hearing shall constitute a [default] waiver of the right to a hearing on the cease and desist order and the matter will be dismissed. [The Department shall provide a notice of default in writing to the petitioner within five (5) days of the petitioner’s failure to appear.] (f) The hearing shall be held before an OATH ALJ. The ALJ shall cause a record of the hearing to be made, and shall make a report to the Commissioner within ten (10) days of the close of the hearing record, setting forth the appearances, the relevant facts and arguments presented at the hearing, findings of fact and conclusions of law, and a recommendation as to whether the order should be continued, modified or vacated and the reasons therefor. [Transcripts] A transcript of the record of the hearing shall be made available at the petitioner’s request and expense. (g) Within ten (10) days of receipt of the recommendation of the ALJ, the Commissioner may continue, vacate, or modify the order. If the Commissioner does not act within that time, the ALJ’s recommendation shall be deemed adopted by the Commissioner. (h) The results of the hearing on the cease and desist order [shall be without prejudice to] do not affect the right of a person to apply for an approval or variance for a regulated activity under these regulations [and shall also be without prejudice to the authority of the Department or any other person to]. In reviewing an application in connection with a regulated activity that has been the subject of a cease and desist order, however, the Department may take action on account of any violation of law, rule, regulation or order arising out of the events, situations or circumstances which led to the issuance of the order. § 10. Subdivisions (b), (c), and (d) of section 18-34 of title 15 of the Rules of the City of New York are amended as follows: §18-34 Petroleum Products. (b) New aboveground and underground petroleum storage facilities, which require registration under 6 NYCRR Part [612] 613, or new tanks which expand the capacity of existing facilities which require registration under 6 NYCRR Part [612] 613, are prohibited within the limiting distance of 100 feet of a watercourse or wetland, or within the limiting distance of 500 feet of a reservoir, reservoir stem, or controlled lake. [Notwithstanding this prohibition, the expansion of an existing aboveground or underground petroleum storage facility shall be allowed within the aforesaid limiting distances provided that] If, however, the owner or operator of such facility demonstrates to the Department that the application of the limiting distances would preclude the continuation of an existing business, the facility may be expanded within the limiting distances set forth in this paragraph. (c) New home heating oil tanks not requiring registration under 6 NYCRR Part [612] 613, within the limiting distance of 100 feet of a watercourse or wetland, or within the limiting distance of 500 feet of a reservoir, reservoir stem, or controlled lake, are prohibited from being installed underground and shall be located either aboveground or contained in a basement with a concrete or other impervious floor. (d) New aboveground and underground petroleum storage tanks of 185 gallons or more, which are neither home heating oil tanks regulated under subdivision (c) of this section nor located at facilities requiring registration under 6 NYCRR Part [612] 613, are prohibited within the limiting distance of 25 feet of a watercourse or wetland, or within the limiting distance of 300 feet of a reservoir, reservoir stem, or controlled lake[, except that such new tanks may be allowed within the aforesaid limiting distances provided that]. If, however, the applicant demonstrates to the Department that application of the limiting distances would preclude the continuation of an existing business or the continued identical use of the existing facility, the facility may be expanded within the limiting distances set forth in this paragraph. § 11. Subdivisions (c), (d), and (e) of section 18-35 of title 15 of the Rules of the City of New York are added as follows: §18-35 Human Excreta, [and] Holding Tanks, and Portable Toilets. (c) All new holding tanks and non-waterborne systems designed for sewage in quantities of less than 1,000 gallons per day from residential properties that are either permitted or not prohibited under 10 NYCRR Appendix 75-A may be used in the watershed provided that they are constructed and operated in accordance with the following standards: (1) Such holding tanks must have a capacity equal to at least five (5) days’ design flow, with a minimum capacity of 1,000 gallons. (2) Such holding tanks must be equipped with an alarm (audible and visible) located in a conspicuous place to indicate when pump-out is necessary. (3) Such holding tanks must be designed, installed and maintained in a manner to promote ease of access for pumping and cleanup. (4) If such holding tanks will be used in the winter, the tanks must be protected from freezing. (d) New holding tanks designed for sewage in quantities of 1,000 gallons per day or more, or from non-residential properties, that are either permitted or not prohibited under state law, may be used in the watershed provided that they are constructed and operated in accordance with the following standards: (1) The owner of such a holding tank must have and maintain an agreement with a professional hauler for disposal of waste at a facility that is permitted to accept septage, as defined in 6 NYCRR Part 364. (2) Such holding tanks must have a capacity equal to at least twice the volume of waste to be generated between anticipated removal dates, with a minimum capacity of 1,000 gallons. (3) Such holding tanks must have a high-level alarm positioned to allow storage of at least three days’ volume of waste after activation. (4) If such holding tanks will be used in the winter, the tanks must be protected from freezing. (e) Portable toilets shall not be located within the limiting distance of 50 feet of a mapped stream, wetland, reservoir, reservoir stem, or controlled lake and, to the extent practicable, are not located within the limiting distance of 50 feet from a watercourse other than a mapped stream. § 12. Paragraphs (2), (3), (4), and (5) of subdivision (a), paragraph (2)(iii) of subdivision (d), paragraph (2)(iii) of subdivision (e), paragraphs (1), (2)(iv), 2(v), (5)(ii), and (5)(iv) of subdivision (f), and paragraph (2) of subdivision (g) of Section 18-36 of title 15 of the Rules of the City of New York are amended as follows: §18-36 Wastewater Treatment Plants. (a) Minimum Requirements (1) Unless otherwise permitted by these rules and regulations, the design, construction, or operation of a wastewater treatment plant is prohibited where such design, construction, or operation causes a discharge, or storage which is reasonably likely to lead to a discharge, of sewage or sewage effluent into the environment (including into groundwater), and which is reasonably likely to cause degradation of surface water quality or of the water supply. It shall be an affirmative defense under this subsection that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law. (2) The design of new wastewater treatment plants, and the plans and specifications resulting from that design, require the review and approval of the Department. [The construction of a new] New wastewater treatment plants [shall] must be constructed in [conformance] accordance with the plans and specifications approved by the Department. (3) The design for an expansion or an alteration or modification of [new and existing] wastewater treatment plants, and the plans and specifications resulting from that design, require the review and approval of the Department. [The construction of the] Any expansion or alteration or modification [shall] of a wastewater treatment plant must be constructed in accordance with the plans and specifications approved by the Department. (4) The owner or operator of a [new or existing] wastewater treatment plant shall operate and maintain the wastewater treatment plant in accordance with the operations and maintenance manual for the plant. Such manual shall be prepared by the owner and approved by the Department. Such manual shall be prepared or revised, and submitted to the Department for approval, within ninety (90) days after construction, expansion, alteration or modification of a wastewater treatment plant is completed (5) No new wastewater treatment plants with a surface discharge, or expansion or alteration or modification of [new and existing] wastewater treatment plants, shall cause a contravention of the water quality standards set forth in Subchapter D of these rules and regulations or the phosphorus water quality values set forth in the New York State Department of Environmental Conservation Technical and Operational Guidance Series (TOGS) 1.1.1, Ambient Water Quality Standards and Guidance Values and Groundwater Effluent Limitations (October 22, 1993, Reissue Date June 1998, as modified and supplemented by the January 1999 Errata Sheet and the April 2000 and June 2004 Addenda) (d) Treatment requirements for wastewater treatment plants located within the 60 day travel time to intake (1) The map indicating the demarcation line for the watershed areas that are located within the 60 day travel time to intake appears in Appendix 18-A. Large detailed maps of such areas are available to be reviewed by the public during business hours at the regional offices listed in § 18-15 of Subchapter A. (2) Within the 60 day travel time to the intake the following requirements are applicable: (iii) [New and existing wastewater] Wastewater treatment plants with subsurface discharges may commence or continue to operate provided that the wastewater treatment plant provides sand filtration or a Department-approved alternative technology to sand filtration and phosphorus removal, and for SPDES permitted discharges greater than 30,000 gallons per day (gpd), disinfection, as required by these rules and regulations. (e) Treatment requirements for wastewater treatment plants located in the watershed and beyond the 60 day travel time to intake (1) The map indicating the demarcation line for the watershed areas that are located beyond the 60 day travel time to intake appears in Appendix 18-A. Large detailed maps of such areas are available to be reviewed by the public during business hours at the regional offices listed in § 18-15 of Subchapter A. (2) Beyond the 60 day travel time to the intake the following requirements are applicable: (iii) [New and existing wastewater] Wastewater treatment plants with subsurface discharges may commence or continue to operate, provided that the wastewater treatment plant provides sand filtration or a Department-approved alternative technology to sand filtration and phosphorus removal, and for SPDES permitted discharges greater than 30,000 gallons per day (gpd), disinfection, as required by these rules and regulations. (f) Design, Operation and Maintenance Requirements (1) This subdivision (f) shall apply to [new and existing] wastewater treatment plants. (2) The criteria used by the Department to approve the design for any new wastewater treatment plant or the portion of any [new or existing] wastewater treatment plant which is being expanded or altered or modified shall be all applicable requirements of law, including the standards set forth in the following documents: (i) “New York State Design Standards for [Wastewater Treatment Works,] Intermediate Sized [Sewerage Facilities] Wastewater Treatment Systems” New York State Department of Environmental Conservation ([1988]2014); and (ii) “Recommended Standards for Wastewater Facilities,” Great Lakes—Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers ([2004]2014). (5) All wastewater treatment plants shall meet the following requirements to insure uninterrupted reliable operation: (i) All wastewater treatment plants shall provide standby power units sufficient to run the entire plant in order to ensure uninterrupted reliable operation in the event of utility power failure and these units shall be equipped with an alarm and automatic start-up capability[;]. (ii) All vital plant structures, mechanical and electrical equipment of [new or existing] wastewater treatment plants located or designed within the 100-year flood plain shall be protected from damage from a 100-year flood that may affect or disrupt its function or general performance. Such structures and equipment shall remain fully operational in a 25-year flood. (iv) Sand filtration or a Department-approved alternative technology to sand filtration shall be implemented in units of sufficient number and size to ensure that the flow they are designed to accommodate, consistent with the “New York State Design Standards for [Wastewater Treatment Works,] Intermediate Sized [Sewerage Facilities] Wastewater Treatment Systems,” New York State Department of Environmental Conservation ([1988]2014) and/or the “Recommended Standards for Wastewater Facilities,” Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers ([2004 ]2014), can be processed in the event that the largest such unit is off line; (g) Application Requirements (2) An application for review and approval of an expansion or of an alteration or modification of a [new or existing] wastewater treatment plant shall include all of the information required in subdivision (g)(1) of this section where applicable, and shall either:
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§ 13. Subdivisions (b), (c), (d), (e), and (f), paragraph (3) of subdivision (g), and subdivisions (h), (j), (k), and (l) of Section 18-37 of title 15 of the Rules of the City of New York are amended as follows: §18-37 Sewer Systems, [Service] Sewer Connections and Discharges to Sewer Systems. (b) A new [service] sewer connection or sewer extension to a sewer system is prohibited where the wastewater treatment plant to which the sewer system has been connected and which discharges within the watershed has had a SPDES flow parameter violation in the prior twelve months, or where the additional flow from the new [service] sewer connection or sewer extension will cause or can be expected to cause such wastewater treatment plant to have a SPDES flow parameter violation as defined herein. [(c) All new service connections shall be tested in accordance with the standards set forth in “Design Standards for Wastewater Treatment Works, Intermediate Sized Sewerage Facilities,” New York State Department of Environmental Conservation (1988), and the standards in “Recommended Standards for Wastewater Facilities,” Great Lakes—Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers, §§33.92-33.95 ([2004]2014). A copy of the results of the tests shall be forwarded to the Department as soon as they are available. (d) Except for the owner of an individual or two family residence, the owner of any property which will be served by a new sewer connection to a sewer system, or by any alteration or modification of a sewer connection to a sewer system, shall submit all plans or designs for such sewer connection or such alteration or modification to the Department prior to or simultaneously with the delivery of the notice to the Department required under paragraph (d)(1) below. The owner of an individual or two family residence to be served by a new sewer connection to a sewer system, or by an alteration or modification of a sewer connection to a sewer system, shall not be required to submit the plans or designs for such sewer connection or such alteration or modification to the Department, unless specifically requested by the Department. If so requested, such owner shall submit such plans or designs to the Department prior to or simultaneously with the delivery of the notice to the Department required under paragraph (d)(1) below or, if the request is made by the Department after such notice has been given, within ten (10) days after such request has been made.] [(1)](c) Sewer Connections. (1) The owner of any [property which] individual residence that will be served by a new sewer connection [to a sewer system], or by an alteration or modification of a sewer connection [to a sewer system], shall notify the Department 48 hours prior to the installation of such sewer connection or of such alteration or modification, and provide an opportunity to the Department to observe the work. If [required or requested pursuant to subsection 18-37(d)] specifically requested by the Department, the owner shall submit to the Department all plans or designs for such sewer connection or for such alteration or modification [prior to or simultaneously with the delivery of such notice to the Department]. (2) The owner of a structure other than an individual residence that will be served by a new sewer connection, or by an alteration or modification of a sewer connection, to a sewer system that is subject to a qualifying municipal sewer use law shall: (i) provide to the Department, at least 48 hours prior to the installation of such sewer connection or of such alteration or modification, a written permit from the superintendent of the sewer system authorizing such connection; and (ii) notify the Department 48 hours prior to the installation of such sewer connection or of such alteration or modification, and provide an opportunity to the Department to observe the work. (3) The plans for a new sewer connection, or for an alteration or modification of a sewer connection, to a sewer system for a treatment facility with a SPDES permit, which is not subject to a qualifying municipal sewer use law, from a structure other than an individual residence, require review and approval of the Department. As a condition of approval, the Department will require the applicant to notify the Department 48 hours prior to the installation of such sewer connection or of such alteration or modification, and provide an opportunity to the Department to observe the work. An application for review and approval of such a new sewer connection or alteration or modification of a sewer connection must include: (i) A written statement from the owner or operator of the treatment facility certifying that the new sewer connection or alteration or modification of a sewer connection will not require a modification of the treatment facility’s SPDES permit, and (ii) Plans and specifications for the sewer connection. (4) New sewer connections, or alterations or modifications of sewer connections, to treatment facilities that do not have SPDES permits shall be reviewed in accordance with § 18-37 of these rules and regulations. [(e)](d) The design, construction and plans for a new sewer system or sewer extension shall require the review and approval of the Department. Any proposed alteration or modification of a sewer system[, including a sewer system that is a noncomplying regulated activity,] shall require the review and approval of the Department. [(1) The Department may require an engineering report, construction plans and specifications, and any environmental assessments and determinations in compliance with Article 8 of the Environmental Conservation Law when reviewing any application pursuant to this subdivision for a new sewer system or sewer extension or a proposed alteration or modification of a sewer system.] [(2)](e) Any approval of a new or an alteration or modification of an existing sewer system, [or] sewer extension, or sewer connection subject to Department approval pursuant to subdivision 18-37(c)(3), issued by the Department [shall expire] expires and [thereafter be] is null and void unless construction is [commenced] completed within five (5) years of the date of issuance. Following expiration of the approval, the plans for the sewer system may be resubmitted to the Department for consideration for a new approval. (f) The criteria used by the Department to approve any new sewer system, [or] sewer extension, or sewer connection subject to Department approval pursuant to subdivision 1837(c)(3) or the portion of any sewer system or such sewer connection which is being altered or modified, shall be all applicable requirements of law, including the standards set forth in the following documents: (1) “New York State Design Standards for [Wastewater Treatment Works,] Intermediate Sized [Sewerage Facilities] Wastewater Treatment Systems,” New York State Department of Environmental Conservation ([1988]2014); (2) “Recommended Standards for Wastewater Facilities,” Great Lakes—Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers ([2004]2014); (3) 19 NYCRR Part 1222 (Plumbing Code of New York State). (g) All sewer systems and sewer extensions connected to a wastewater treatment plant which discharges within the watershed shall be designed, operated and maintained in such manner as to prevent inflow or infiltration which causes [either] one or more of the following: (1) The SPDES authorized flow limit of the wastewater treatment plans to be exceeded; [or] (2) The strength of the sewage influent to the wastewater treatment plant to be diluted to a level that adversely affects the efficacy of the SPDES permitted and Department approved treatment process; or (3) A bypass of any portion of a treatment facility that would be prohibited pursuant to 6 NYCRR Subpart 750-2. (h) All sewer systems and sewer extensions shall be designed, operated and maintained to prevent exfiltration from such systems. (i) The owner or operator of a facility which disposes of wastes regulated pursuant to the Federal Categorical Pretreatment Standards, 40 C.F.R. Part 403, shall submit three copies of the engineering report, plans and specifications, prepared by a licensed design professional, in compliance with 40 C.F.R. Parts 403, 406-471 and any applicable local regulations, to the Department for its review and approval. (j) Application Requirements for Sewer Systems and Sewer Extensions. An application for review and approval of any sewer system or sewer extension shall include the following information: (1) Tax map number and, where available, building permit number, for each property to be served by the proposed sewer system or sewer extension; (2) [Copy of the applicable municipal Sewer Use Ordinance, if any; (3) ] Letter of flow acceptance from the owner of the receiving wastewater treatment plant, when available; [(4)](3) An engineering report presenting the proposed flow and supporting design calculations; and [(5)](4) Four (4) sets of plans showing: (iv) design details and specifications of system components including pipe sizes and pump capacities; (v) where applicable, a copy of the application for modification of the SPDES permit for the receiving wastewater treatment plant and, if available, any draft revisions to such SPDES permit; and (vi) construction phasing. (5) An application for review and approval of a sewer system must include an operation and maintenance plan for the sewer system, which may be a component of the operation and maintenance plan for the treatment facility served by the sewer system; and (6) An Environmental Assessment form and State Environmental Quality Review Act determination, if applicable. (k) All approvals for sewer systems and extensions are conditioned on the applicant’s submission of as-built drawings, prepared by a design professional, once construction is complete. (l) As a condition of approval the Department may require evidence of financial security prior to construction, from any owner or operator of a new sewer system or sewer extension or a substantial alteration or modification to an existing sewer system. Such financial security shall consist of a bond, or an equivalent guaranty, to be deposited with the Department, covering the full cost of the construction of such facility and an additional bond or an equivalent guaranty for the payment of labor and material furnished in the course of such construction. Upon completion of construction and payment of labor and materials, such bonds or other guaranties shall be released. Additionally, a bond or equivalent guaranty may be required for the maintenance and operation of the facility for a period of five years post-construction. No bond or guaranty is required where the owner or operator of such a facility is a village, town, county or city. § 14. Paragraphs (3), (6), (7), (8) and (9) of subdivision (a), and subdivisions (b) and (c) are amended and new subdivisions (d) and (e) are added to Section 18-38 of title 15 of the Rules of the City of New York as follows: § 18-38 Subsurface Sewage Treatment Systems. (a) Minimum Requirements for new subsurface sewage treatment systems (3) All new intermediate sized sewage treatment systems shall comply with the requirements set forth in New York State Design Standards for Intermediate Sized Wastewater Treatment [Works, Intermediate Sized Sewerage Facilities] Systems, New York State Department of Environmental Conservation ([1988]2014), except where a local government or agency has enacted, or these rules and regulations specify, more stringent standards, in which case, the more stringent standards shall apply. (6) Where a watershed county has adopted a subdivision code that allows a raised system, as described in 10 NYCRR Part 75 and Appendix 75-A, [or where any system that has been modified from the Standards outlined in Appendix 75-A has been approved by the New York State Department of Health as an alternative system,] or where the New York State Department of Health approved such raised [or modified alternative] systems for use in subdivisions located in the watershed, such raised [or alternative] systems are allowed in subdivisions that are approved subsequent to the effective date of these rules and regulations, provided that no part of such systems shall be located within 250 feet of a watercourse or wetland or 500 feet of a reservoir, reservoir stem or controlled lake. [(7) Any proposed alteration or modification of any subsurface sewage treatment system, including a noncomplying regulated activity, requires the review and approval of the Department. (i) Any proposed alteration or modification of any individual sewage treatment system that is an existing or a noncomplying regulated activity shall be performed in accordance with the requirements applicable to new subsurface sewage treatment systems under this section. Alterations or modifications of such individual sewage treatment systems that cannot meet these requirements, due to site constraints, shall be performed in accordance with these requirements to the extent possible. In addition, unless such an alteration or modification is limited to a replacement in kind, reduces the potential for contamination to or degradation of the water supply from an existing subsurface sewage treatment system, or reduces flow to an existing subsurface sewage treatment system, the applicant shall demonstrate adequate mitigation measures to avoid contamination to, or degradation of, the water supply which are at least as protective of the water supply as the requirements that cannot be met. (ii) Any proposed alteration or modification of any new individual sewage treatment system (i.e., any individual sewage treatment system constructed after May 1, 1997) shall be performed in accordance with the requirements applicable to new subsurface sewage treatment systems under this section. If such an alteration or modification reduces the potential for contamination to or degradation of the water supply from a new subsurface sewage treatment system, or reduces flow to a new subsurface sewage treatment system, and such alteration or modification cannot meet these requirements due to site constraints, it shall be performed in accordance with these requirements to the extent possible.
(iii) Any proposed alteration or modification of any intermediate sized subsurface sewage treatment system is prohibited unless such alteration or modification complies with the requirements of this section.] [(8) All existing subsurface sewage treatment systems, which are operating in accordance with their Federal, State, and local approvals on the effective date of these rules and regulations, but which do not comply with the additional requirements set forth in this section, shall be allowed to continue to operate and shall be considered noncomplying regulated activities.] [(9) If at any time after the effective date of these rules and regulations a subsurface sewage treatment system fails or needs remediation, the owner or operator of the subsurface sewage treatment system shall comply with the following: (i) Any proposed remediation of any part of a subsurface sewage treatment system shall require the prior review and approval of the Department, and if approved, shall be completed as soon as possible in accordance with a schedule approved by the Department; (ii) Any proposed remediation of any part of a subsurface sewage treatment system shall be implemented, to the extent possible, in accordance with the design standards set forth in this section, and shall require the prior review and approval of the Department. However, if the Department determines, based upon the application submitted by the owner or operator of the subsurface sewage treatment system, that such system cannot comply with this section, the owner or operator of the subsurface sewage treatment system shall cooperate with the Department to determine the most suitable location and design for the system on the specific site. The Department may require the owner to agree to a regular schedule for the pump out of the septic tank or other remedial action, including the use of holding tanks, before the proposed remediation is approved by the Department and implemented; and (iii) The provisions of this paragraph shall not apply to the routine repair and maintenance of a subsurface sewage treatment system, including, but not limited to, the pump out of a septic tank, the replacement of a septic tank, whether in kind or with a larger tank of an appropriate size for the subsurface sewage treatment system, the repair of a broken lateral, the leveling of a distribution box, or the removal of a blockage.] ([10]7) Any approval of a subsurface sewage treatment system issued by the Department [shall expire] expires and [thereafter be] is null and void unless construction is substantially completed [commenced] such that the system is functioning as designed within five (5) years of the date of issuance for systems located within approved subdivisions, or within two (2) years of the date of issuance for all other subsurface sewage treatment systems. Following expiration of the approval, the plans for the subsurface sewage treatment system may be resubmitted to the Department for consideration for a new approval. (b) Minimum requirements for alteration and modification, repair and remediation, and discontinuation of subsurface sewage treatment systems (1) All subsurface sewage treatment systems, which are operating in accordance with their Federal, State, and local approvals, but which do not comply with the requirements for new subsurface sewage treatment systems set forth in this section, shall be allowed to continue to operate. (2) If the use of a subsurface sewage treatment system is, for any reason, subject to discontinuation for a period of five consecutive years or more, operation may resume if it comes into compliance with the standards for alterations or modifications of subsurface sewage treatment systems in accordance with § 18-38(b)(4) below. If, however, the system cannot come into compliance with these standards, the use must permanently desist. The owner or operator bears the burden of proof for showing that there has been no discontinuation in the use of a subsurface sewage treatment system. (3) Any proposed alteration or modification of any subsurface sewage treatment system requires the review and approval of the Department, except as provided in subparagraphs (i) through (iii) below. (i) The volume, character, or strength of the flow to a subsurface sewage treatment system may be reduced without review and approval provided that such reduction does not cause any increase in the existing discharge or any increase in the potential for contamination to or degradation of the water supply from that discharge. If the reduction in the volume, character, or strength results from an alteration or modification of a system component, or the addition of a new system component (such as installation of a peat filter or aerobic treatment unit), then such alteration, modification, or addition requires review and approval of the Department, except that: a. Any such review and approval shall be limited to the affected system component; and b. No such review and approval is required where the alteration, modification, or addition of the system component is otherwise exempt from review under this section (such as the replacement of a septic tank with a larger tank of an appropriate size for the subsurface sewage treatment system). (ii) Except as set forth in this subdivision, for an intermediate sized subsurface sewage treatment system that has a State Pollutant Discharge Elimination System (SPDES) permit, review and approval is not required for any proposed alteration or modification that does not deviate from the engineering design and site plan approved by the New York State Department of Environmental Conservation. a. Review and approval by the Department is required if the alteration or modification requires a modification of the SPDES permit for the SSTS for any reason including, but not limited to: i. the alteration or modification involves physical alteration or modification of the SSTS, or ii. the alteration or modification results in the system receiving sewage that either exceeds the treatment system design flow, or has a strength or characteristic beyond the design capability of the treatment system. b. If the Department has previously issued an approval for an intermediate sized subsurface sewage treatment system, review and approval by the Department is required for any alteration or modification that results in the system receiving sewage that either exceeds the design flow of the system as approved by the Department, or has a strength or characteristic beyond the design capability of the system as approved by the Department. (iii) In the following circumstances, where an ancillary, non-residential use of a residence served by an individual subsurface sewage treatment system does not result in an increase in or change in the nature of the flow of sewage, the subsurface sewage treatment system shall not be considered an intermediate-sized sewage treatment system, nor shall such use require review and approval by the Department: a. Where the residence is used to provide accommodations for transient lodgers and no food service is provided other than to overnight guests, unless such use requires a temporary residence permit pursuant to 10 NYCRR Subpart 7-1. b. Where the individual residence is used for a home office or home business, provided that: i. The individual who operates the home office or home business occupies the home as his or her primary or secondary residence; ii. The home office or home business is of a type that is estimated to generate 50 gallons per day of water or less based on Table B-3 of the New York State Design Standards for Intermediate Sized Wastewater Treatment Systems, New York State Department of Environmental Conservation (2014); and iii. The conversion does not involve an increase in the individual residence’s number of bedrooms. (4) Standards for Alterations or Modifications of Subsurface Sewage Treatment Systems (i) Any proposed alteration or modification of any subsurface sewage treatment system must be performed in accordance with the requirements applicable to new subsurface sewage treatment systems under this section. (ii) Alterations or modifications of subsurface sewage treatment systems that cannot meet these requirements, due to site constraints, must be performed in accordance with the requirements applicable to new subsurface sewage treatment systems to the extent possible. Applications for proposed alterations or modifications of such subsurface sewage treatment systems must include the information described in subdivision 18-38(d)(4). (iii) Standard of review. The department will authorize use of a subsurface sewage treatment system that has been subject to a period of discontinuation for five consecutive years or more, or a proposed alteration or modification of a subsurface sewage treatment system, if the applicant demonstrates that such use, alteration, or modification does not present a threat to public health or water quality as determined by the Department. (5) If a subsurface sewage treatment system fails or needs remediation, the owner or operator of the subsurface sewage treatment system must comply with the following: (i) Any proposed remediation of any part of a subsurface sewage treatment system shall require the prior review and approval of the Department, and if approved, shall be completed as soon as possible in accordance with a schedule approved by the Department; (ii) Any proposed remediation of any part of a subsurface sewage treatment system shall be implemented, to the extent possible, in accordance with the design standards set forth in this section, and shall require the prior review and approval of the Department. However, if the Department determines, based upon the application submitted by the owner or operator of the subsurface sewage treatment system, that such system cannot comply with this section, the owner or operator of the subsurface sewage treatment system shall cooperate with the Department to determine the most suitable location and design for the system on the specific site. The Department may require the owner to agree to a regular schedule for the pump out of the septic tank or other remedial action, including the use of holding tanks, before the proposed remediation is approved by the Department and implemented; and (iii) The provisions of this paragraph shall not apply to the routine repair and maintenance of a subsurface sewage treatment system, including, but not limited to, the pump out of a septic tank, the replacement of a septic tank, whether in kind or with a larger tank of an appropriate size for the subsurface sewage treatment system, the repair of a broken lateral, the leveling of a distribution box, or the removal of a blockage. (6) Any approval issued by the Department to use a subsurface sewage treatment system following a discontinuation expires and is null and void unless any required enhancements are implemented and such use is commenced within one (1) year of the date of issuance or such longer period as the Department may authorize in writing. Following expiration of the approval, the plans for the subsurface sewage treatment system may be resubmitted to the Department for consideration for a new approval. (7) Any approval of an alteration or modification of a subsurface sewage treatment system issued by the Department expires and is null and void unless any required enhancements are implemented within two (2) years of the date of issuance. Following expiration of the approval, the plans for the subsurface sewage treatment system may be resubmitted to the Department for consideration for a new approval. (8) Any property owner may request that the Department review and approve a proposed use of a subsurface sewage treatment system by demonstrating that it is capable of treating a specified volume and type of wastewater flow. The proposal may include proposed enhancements to the system. A determination by the Department that the subsurface sewage treatment system complies with the standards applicable to new subsurface sewage treatment systems or, if it cannot come into compliance the standards applicable to alterations or modifications of subsurface sewage treatment systems to the extent possible pursuant to § 18-38(b)(4), for the proposed use and volume, shall be binding upon the Department for five years following the date of the determination. ([b]c) Design, Operation, Treatment, and Maintenance Requirements (2) Limitations on certain systems in the watershed. (i) Mound systems, galley systems, seepage pits, evaporation-transpiration (ET) and evaporation-transpiration absorption (ETA) systems are prohibited from use for subsurface sewage treatment systems installed in the watershed on or after June 30, 2002. [Sand filters are prohibited from use for individual sewage treatment systems in the watershed.] (ii) Drip and low profile dispersal systems, as described in New York State Design Standards for Intermediate Sized Wastewater Treatment Systems, New York State Department of Environmental Conservation (2014) are prohibited from use for subsurface sewage treatment systems installed in the watershed on or after September 25, 2019. (iii) Sand filters are prohibited from use for individual sewage treatment systems in the watershed. (iv) For new subsurface sewage treatment systems within the 60-day travel time, and for new subsurface sewage treatment systems that require State Pollutant Discharge Elimination System (SPDES) permits, trench length reductions will not be offered for use of any enhanced subsurface sewage treatment systems. (v) No trench length reductions shall be granted for use of any open-bottom gravelless absorption system, as described in 10 NYCRR Appendix 75-A.8(c)(3)(i). One linear foot of a gravelless absorption system is equivalent to one linear foot of conventional (24” wide) absorption trench.
(5) At least one percolation test and at least one deep hole test [shall] must be performed in the primary absorption field. At least one percolation test and at least one deep hole test [shall] must be performed in the reserve absorption field [area]. An applicant [shall] must notify the Department in writing at least seven (7) days prior to performance of such tests, and specify the location and the time of the tests. Such soils testing must be performed during normal business hours on weekdays other than legal holidays. At the option of the Department, a Department representative may witness such tests. (8) A reserve absorption field is intended to be left undisturbed to be used in the event that the primary absorption field fails in the future. If the reserve absorption field is used because the primary absorption field has failed, the owner should, but is not required to, identify a new reserve absorption field. If the reserve absorption field is used for purposes of expanding the subsurface sewage treatment system, a new reserve absorption field or Department-approved alternative must be identified. ([c]d) Application Requirements (1) An application for review and approval of any subsurface sewage treatment system shall include the following information: (i) Soil investigation report including: b. deep hole test pit results or boring analysis indicating the depth of useable soil; (ii) Building permit number and tax map number where available. (iii) Four (4) sets of plans prepared by a design professional showing: a. site location, including distances to wells, watercourses, rock outcroppings, wetlands, controlled lakes and reservoirs, and any property boundaries within 10 feet of any subsurface sewage treatment system component; b. site/system plans, drawn to scale, with topography showing two-foot contour[s] intervals; e. a report containing: i. a description of the project characteristics; and ii. a detailing of the design process. (3) All approvals for new subsurface sewage treatment systems are conditioned on the applicant’s submission of as-built drawings, prepared by a design professional, once construction is complete. (4) An application for review and approval of an alteration or modification of a subsurface sewage treatment system, or of the resumption of use of a subsurface sewage treatment following discontinuation, that cannot satisfy the requirements applicable to new subsurface sewage treatment system must include all of the information in paragraph (1) of subdivision (d) of this section, except that the Department may, at its option, waive the requirement to submit a soil investigation report. For an intermediate sized sewage treatment system, the application must include the information in paragraph (2) of subdivision (d) of this section. An application must also contain: (i) Plans or other design information, consisting of: a. If available, design plans for the subsurface sewage treatment plans, indicating all known regulatory approvals for such plans; b. If design plans are not available, a description of the components of the system prepared by a licensed professional engineer; (ii) A proposal for enhancements to the system to meet the standards in § 18-38 applicable to a new subsurface sewage treatment system to the extent possible, including the information required under § 18-38(c); and (iii) Any additional information demonstrating any or all of the following: a. A reduction in the potential for contamination to or degradation of the water supply from the subsurface sewage treatment system, b. A reduction in flow to the subsurface sewage treatment system, or c. Mitigation measures to avoid contamination to, or degradation of, the water supply. (e) Construction Requirements (1) The applicant must notify the Department at least two business days before the start of construction of a subsurface sewage treatment system. The locations of the absorption field corners, septic tanks, pump or dosing chambers, and other treatment components must be staked out before the start of construction, so that the Department can, at its option, verify compliance with separation distance to wells, watercourses, and property lines. The ends of absorption trenches and the corners of absorption beds must be staked out before the start of construction. Stakes must be marked with applicable line and grade information and may not be disturbed during construction. (2) If construction of a subsurface sewage treatment system ceases for more than seven days, the applicant must make best efforts to notify the Department at least two business days before restarting construction. (3) The applicant must notify the Department at least one day before burying any component of a subsurface sewage treatment system. (4) All notifications to the Department pursuant to this subsection (d) must be made via the email address and/or telephone number listed on the approval. § 15. Paragraphs (6)(ii), (10), and (11)(ii) of subdivision (a), paragraphs (3) and (4) of subdivision (b), paragraphs (3) and (4) of subdivision (c), and paragraph (1)(ii) of subdivision (d) of Section 18-39 of title 15 of the Rules of the City of New York are amended as follows: §18-39 Stormwater Pollution Prevention Plans and Impervious Surfaces. (a) Impervious Surfaces (6) The following requirements are applicable to construction of an impervious surface for a new road or the widening of an existing road: (i) Construction of an impervious surface for a new road within the limiting distance of 300 feet of a reservoir, reservoir stem or controlled lake is prohibited, except paving an existing dirt or gravel road is permitted. Construction of a new impervious surface by paving an existing dirt or gravel road requires a stormwater pollution prevention plan which complies with subdivisions (b), (c) and (d) of this section. (ii) Construction of an impervious surface for a new road within the limiting distance of 50 feet of an intermittent stream or wetland, or within the limiting distance of 100 feet of a perennial stream, is prohibited, except for paving an existing dirt or gravel road or where necessary to provide an access road [to two or more parcels or to a subdivision]. Construction of an impervious surface for paving such existing dirt or gravel road or for such a new access road requires a stormwater pollution prevention plan which complies with the requirements of subdivisions (b), (c) and (d) of this section for the entire impervious surface. [Any] An access road constructed pursuant to this paragraph shall be constructed as far as practicable from all watercourses and wetlands, as determined by the Department. (10) Maintenance of an existing impervious surface [that is a noncomplying regulated activity] shall not require the review and approval of the Department. (11) The following requirements are applicable to creation of an impervious surface in the East of Hudson watershed within a Designated Main Street Area: (ii) [Within thirty (30) days of the effective date of these rules and regulations, a local government may define by metes and bounds, tax maps or other geographic boundaries a proposed Designated Main Street Area within its boundaries, and apply to the Department for approval of such proposal. Within thirty (30) days of such application the Department may approve, disapprove, or approve with modifications, such Designated Main Street Area. If the Department disapproves the application, the local government shall have an additional thirty (30) days in which to submit a revised application for approval of the proposed Designated Main Street Area, and the Department shall approve or disapprove the application within thirty (30) days of receipt of such revised application. The Department will approve only a limited number of Designated Main Street Areas and local governments may not designate all areas of population concentrations in the East of Hudson watershed as Designated Main Street Areas.] The approved boundary [description] descriptions of [a] all Designated Main Street [Area] Areas shall be made available by the Department for public inspection at its field offices in the East of Hudson watershed. (b) Stormwater Pollution Prevention Plans (3) Stormwater pollution prevention plans shall be prepared for the activities listed in [this paragraph] subparagraph (4) of this subdivision. Such plans shall also be subject to the prior review and approval of the Department. Such plans shall be prepared and implemented in accordance with the requirements of Part III of the New York State Department of Environmental Conservation SPDES General Permit No. [GP-0-10-001] GP-0-15-002 that are applicable to construction activities identified in Table 2 of Appendix B, and in accordance with the requirements of subdivision (c) of this section, except [for] that: (i) plans for redevelopment [projects and stormwater retrofits, which] shall be prepared and implemented in accordance with subdivision (b)([7]8), (ii) plans for construction activities identified in Table 1 of Appendix B must be prepared and implemented in accordance with the requirements of Part III of the New York State Department of Environmental Conservation SPDES General Permit No. GP0-15-002 that are applicable to construction activities identified in Table 1 of Appendix B. A construction activity will be deemed to “alter hydrology from pre to post development conditions,” for purposes of Table 1 of Appendix B, if the postdevelopment peak rate of flow for the activity has increased by more than 5% of the pre-developed condition for the one-year, twenty-four hour storm, the ten-year, twenty-four hour storm, or the one hundred-year, twenty-four hour storm as defined herein. A construction activity that is excluded from coverage under Table 1 of Appendix B because it alters hydrology from pre to post development conditions must comply with the requirements of subdivision (b)(3) above, (iii) plans for construction activities requiring Department review and approval of a stormwater pollution prevention plan under this section that involve disturbance of less than one (1) acre of total land area, other than construction of gasoline stations and construction, alteration, or modification of solid waste management facilities, and which will not result in hot spot runoff, must be prepared and implemented in accordance with subdivision (b)(9), and (iv) [No] no activity shall be exempt from any such requirements as a result of the size or nature of the watercourse(s) to which stormwater from such activity discharges, except with prior written approval from the Department. Such plans shall also be subject to the prior review and approval of the Department. (4) The activities for which a stormwater pollution prevention plan must be prepared under [this paragraph] subparagraph (3) of this subdivision are: (i) Plans for development or sale of land that will result in the disturbance of five (5) or more acres of total land area as described in the definition of larger common plan of development or sale in Appendix A of SPDES General Permit No. [GP-0-10001] GP-0-15-002; (vii) Construction of an impervious surface for a new road, for an access road, or for an existing dirt or gravel road, as required by paragraph (a)(6) of this section; (ix) Up to a 25 percent expansion of an existing impervious surface at an existing commercial, institutional, municipal, [or] industrial, or multi-family residential facility which is within the limiting distance of 100 feet of a watercourse or wetland, as required in subdivision (a)(4)(iii) of this section; or [(4)](5) If there is a significant change in design, construction, operation, or maintenance of an activity which is subject to a Stormwater Pollution Prevention Plan pursuant to subdivision (b)(3) which may have a significant effect on the potential for the discharge of pollutants to surface waters and which has not otherwise been addressed in the Stormwater Pollution Prevention Plan, or if the Stormwater Pollution Plan proves to be ineffective in eliminating or significantly minimizing erosion and sedimentation or the discharge of pollutants associated with construction activity, the Stormwater Pollution Prevention Plan must be amended. Such amended stormwater pollution prevention plan shall be submitted to the Department for prior review and approval and shall comply with the requirements of this section. [(5)](6) Any approval of a stormwater pollution prevention plan issued by the Department [shall expire] expires and [thereafter be] is null and void unless construction is completed within five (5) years of the date of issuance or within any extended period of time approved by the Department upon good cause shown. Following expiration of the approval, the application for the stormwater pollution prevention plan may be resubmitted to the Department for consideration for a new approval. [(6)](7) As a condition of approval the Department may require evidence of financial security prior to construction from any owner or operator of a stormwater management system pursuant to a stormwater pollution prevention plan. Such financial security shall consist of a bond, or an equivalent guaranty, to be deposited with the Department, covering the full cost of the construction of such facility and an additional bond or an equivalent guaranty for the payment of labor and material furnished in the course of such construction. Upon completion of construction and payment of labor and materials, such bonds or other guaranties shall be released. Additionally, a bond or equivalent guaranty may be required for the maintenance and operation of the facility for a period of five years post-construction. No bond or guaranty is required where the owner or operator of such a facility is a village, town, county or city. [(7)](8) Where portions of an activity that [requires] require a stormwater pollution prevention plan pursuant to subdivision (b)(3) [is a] constitute redevelopment [project or a stormwater retrofit] as defined herein, those portions of such plan shall: (i) be prepared and implemented, to the extent possible, in accordance with the requirements of Part III of the New York State Department of Environmental Conservation SPDES General Permit No. [GP-0-10-001] GP-0-15-002 that are
32
October 23, 2019
The Reporter New York City Department of Environmental Protection Notice of Adoption of Rules (continued)
applicable to the construction activities identified in Table 2 of Appendix B; (9) Where an activity requiring Department review and approval of a stormwater pollution prevention plan under this section that involves disturbance of less than one (1) acre of total land area, other than construction of a gasoline station or construction, alteration, or modification of a solid waste management facility, and which will not result in hot spot runoff, requires a stormwater pollution prevention plan pursuant to subdivision (b)(3) above, the application must consist of: (i) A plan of the proposed activity, identifying the area of disturbance, the location of any existing or proposed impervious surfaces, and the location of any watercourses, wetlands, reservoirs, reservoir stems or controlled lakes on or adjacent to the property; (ii) A description and depiction of proposed erosion controls sufficient to prevent sedimentation of the receiving watercourse, wetland, reservoir, reservoir stem or controlled lake on or adjacent to the property during construction. Erosion controls typically consist of sediment barriers, such as hay bales and silt fencing, temporary sediment traps and temporary stormwater flow diversions; (iii) A schedule for construction, including grading and site stabilization; and (iv) A description and depiction of proposed permanent stormwater management practices designed to filter, detain, or infiltrate runoff from impervious surfaces, thereby minimizing the post-construction increase in pollutant loading to the receiving watercourse, wetland, reservoir, reservoir stem or controlled lake. (c) Additional Requirements for Stormwater Pollution Prevention Plans. (3) Stormwater Treatment Volume. All stormwater pollution prevention plans prepared pursuant to this section shall include measures to capture and treat the greater of the volume of runoff generated by the 1-year, 24-hour storm or the Water Quality Volume (WQv), except that a stormwater management practice may be designed to capture and treat the lesser of those volumes if it is a stormwater infiltration practice or it is a bioretention practice in hydrologic soil group A or B. Stormwater management practices which provide treatment shall be designed to accommodate the quantity of runoff flowing to the stormwater management practice, including runoff from off-site areas. (4) Where a stormwater pollution prevention plan prepared pursuant to this section includes a stormwater infiltration practice, to the maximum extent practicable, no portion of such stormwater infiltration practice shall be located within 100 feet of any portion of the absorption [area] field of a subsurface sewage treatment system. (7) For purposes of the design criteria incorporated by reference in New York State Department of Environmental Conservation SPDES General Permit [GP-0-10-001] No. GP-0-15-002, “detention time” shall mean the time runoff is detained in a stormwater management practice. It can be computed using either the center of mass method or the plug flow method. (d) Application requirements and procedures. (1) An application for approval of a stormwater pollution prevention plan shall include: (ii) The information required in a Notice of Intent under New York State Department of Environmental Conservation SPDES General Permit No. [GP-0-10-001] GP-0-15-002. § 16. Subdivision (b) of Section 18-41 of title 15 of the Rules of the City of New York is amended as follows: §18-41 Solid Waste (b) Discharge of solid waste directly into any watercourse, wetland, reservoir, reservoir stem or controlled lake is prohibited. For purposes of this subdivision, solid waste includes materials that are otherwise exempt from compliance with 6 NYCRR Part 360, as described in 6 NYCRR [360-1.2(a)(4)] § 360.2(a)(3), unless those materials are irrigation return flows, materials that are used for artificial reefs in compliance with applicable State requirements, or authorized to be discharged to waters of the state pursuant to a valid permit issued by the New York State Department of Environmental Conservation pursuant to Environmental Conservation Law article 15, 17, 24, 25, or 34 or a water quality certification issued under Section 401 of the Federal Water Pollution Control Act. This subdivision shall not apply to discharge of treated leachate in accordance with the requirements of these rules and regulations and a valid SPDES permit. § 17. Paragraph (1) of subdivision (a) and paragraph (3)(iv) of subdivision (e) of Section 1861 of title 15 of the Rules of the City of New York are amended as follows: §18-61 Variances. (1) An application for a variance for a regulated activity or for an alteration or modification of a noncomplying regulated activity shall: (i) Identify the specific provision of the rules and regulations from which the variance is sought or identify the nature and extent of the alteration or modification of the noncomplying regulated activity; (ii) Demonstrate that the variance requested is the minimum necessary to afford relief; and (iii) Demonstrate that the activity as proposed includes adequate mitigation measures to avoid contamination to or degradation of the water supply which are at least as protective of the water supply as the standards for regulated activities set forth in these rules and regulations.[; and (iv) Demonstrate that for the proposed use or activity for which the variance is requested, compliance with the identified provision of the rules and regulations would create a substantial hardship due to site conditions or limitations.] (e) Variances Within the 60 Day Travel Time to Intake in the Croton System. (3) A new or expanded wastewater treatment plant authorized pursuant to a variance under this subdivision, and its sewer system, shall meet the following conditions: (iv) All wastewater pumping stations in the sewer system serving the new or expanded wastewater treatment plant [both new and existing,] shall meet the alarm systems and emergency operation requirements applicable to new wastewater pumping stations as set forth in “Recommended Standards for Wastewater Facilities,” Great Lakes – Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers ([2004]2014); and § 18. Paragraph (4) of subdivision (e) and subdivisions (g) and (h) of Section 18-82 of title 15 of the Rules of the City of New York are amended as follows: §18-82 Watershed Planning in the Croton System. (e) The Croton Plan may allow for the siting of a new wastewater treatment plant with a surface discharge or the expansion of an existing wastewater treatment plant with a surface discharge in the Croton system within a phosphorus restricted basin or a basin located within the 60 day travel time, but not within a coliform restricted basin, pursuant to the following conditions:
(4) The discharge from the new wastewater treatment plant or the expansion of an existing wastewater treatment plant complies with one of the following conditions: (i) The total volume (or flow) of surface discharge from such new wastewater treatment plant or expansion of an existing wastewater treatment plant, together with the total volume of surface discharges from all other new wastewater treatment plants and expansions of wastewater treatment plants which have been permitted in the subject County pursuant to this subparagraph (i), shall not, in the aggregate, exceed 10 percent of the total volume (or flow) of surface discharge from wastewater treatment plants located in the Croton system, within the subject County, which previously discharged into the Croton system but have been permanently diverted, since the effective date of these rules and regulations, to a discharge point outside of the Watershed. The Department may approve applications to construct new wastewater treatment plants with surface discharges pursuant to this subdivision prior to the permanent diversion of wastewater, and allow construction to begin on such new wastewater treatment plants, provided that the wastewater treatment plant may not commence operation until the diversion for which the credit is received has actually occurred[; or]. [(ii) In phosphorus restricted basins located outside of the sixty day travel time, provided that the Department has determined pursuant to §18-84, based upon the results of the pilot programs set forth in §§18-82(g) and 18-83(a), or of other studies conducted within the watershed, that the phosphorus offsets sought by the pilot programs have been achieved, the Department may require that for each one (1) kilogram of projected increase in the phosphorus load resulting from the proposed new wastewater treatment plant, together with any accompanying non-point source runoff, is actually offset by at least three (3) kilograms of reductions in phosphorus loading within the basin within which the proposed project is located, including reductions from measures identified in and implemented in accordance with the Croton Plan pursuant to paragraph (c)(8) above, and otherwise eligible for an offset hereunder, whether the source of the offsets is in the same basin or within an upstream, hydrologically connected phosphorus restricted basin.] (g) [In Putnam County, provided that Putnam County has committed in writing to participate in the development of the Croton Plan pursuant to subdivision (d) above, the Department shall allow for a pilot program to evaluate the effectiveness of phosphorus offsets as a potential basis for allowing construction of new wastewater treatment plants within phosphorus restricted basins in the Croton system. Such pilot program shall be limited to a term of five (5) years, commencing on the effective date of these rules and regulations and expiring on the fifth anniversary thereof. During the term of the pilot program, the Department may approve within a Putnam County municipality which has committed in writing to participate in development of the Croton Plan, the construction of a new wastewater treatment plant with a surface discharge within a phosphorus restricted basin in the Croton system provided that the following conditions are met: (1) The applicant proposing a new wastewater treatment plant demonstrates that the County or municipality agrees to the plant’s inclusion in the pilot program; (2) The applicant demonstrates, and commits to take action to insure, that for every one (1) kilogram of projected increase in the phosphorus load resulting from the new wastewater treatment plant and accompanying non-point source runoff, there will be an offset which achieves at least three (3) kilograms of reduction in phosphorus within the basin in which the new wastewater treatment plant is located, whether the source of the offset is in the same basin or within an upstream hydrologically connected phosphorus restricted basin; (3) All new wastewater treatment plants proposed to be constructed pursuant to this pilot program shall be reviewed and approved by the Department in accordance with §18-36 of these rules and regulations; (4) No more than three (3) wastewater treatment plants with surface discharges may be located in the Croton system in Putnam County pursuant to this pilot program. The total capacity, as constructed, for the three (3) proposed wastewater treatment plants shall not exceed a maximum of 150,000 gpd aggregate surface discharge; and (5) Any wastewater treatment plant constructed pursuant to this pilot program shall be designed and operated to meet a total phosphorus effluent limit of .2 mg/l. (h) ]Nothing in this Subpart is intended to constrain, limit or preclude an applicant from seeking, or the Department from issuing, approval of or a variance for a proposed regulated activity under any other applicable provision of these rules and regulations. [(i)](h) Nothing in this section or in the Croton Plan is intended to constrain or limit the authority of local governments under State law to make local land use and zoning decisions, and nothing in this section or the Croton Plan should be construed to have the effect of transferring such local land use and zoning authority from the participating local governments to the Department or any other entity. § 18. Section 18-83 of title 15 of the Rules of the City of New York, relating to Watershed Planning in the West of Hudson Watershed is repealed in its entirety. § 19. Section 18-84 of title 15 of the Rules of the City of New York, relating to the Permanent Phosphorus Offset Program is repealed in its entirety. § 20. Appendix 18-A of title 15 of the Rules of the City of New York is amended as follows: APPENDIX 18-A WATERSHED MAPS (a) The watershed area for the New York City water supply lies in the parts of the following counties and towns that are delineated on Map 18-A.1: § 21. Appendix 18-B and Appendix 18-C of title 15 of the Rules of the City of New York are now combined into Appendix 18-B and are amended as follows: APPENDIX 18-B SYSTEM SPECIFIC WATER QUALITY CHARACTERISTICS AND APPLICABLE MONITORING CRITERIA (a) The system specific water quality characteristics of the reservoirs and reservoir stems, as of September 1990, are set forth in Tables 1 and 2 of this Appendix. It is the intention of the Department that the system specific characteristics be maintained at the stated levels by implementation and enforcement of these rules and regulations.
TABLE 1 System Specific Characteristics: Reservoir Standards (mg/L) Croton System Annual Mean Alkalinity (mg CaCo(3)/L) Ammonia Nitrogen Chloride Nitrite + Nitrite N Organic Nitrogen Sodium Sulfate Total Diss. Solids Total Organic Carbon Total Susp. Solids Chlorophyll a
Pizzillo, Peter T. & Joan G. Hacker, Laura (fka) Heller, Laura Callegari, Alan & Patricia S. Denslow, Lynn Marie LMKD Properties, LLC Sakellarides, Jack Sakellarides, Agnes (by Atty) Allana, Valerie (Atty) Wells Fargo Bank, N.A. Caccavale, Theresa Venooy, Sr., Scott J. (aka) Vernooy, Scott J. Vernooy, Patricia D. Anderson, Steven K. & Elaine D. Breyer, Hoy Burkert, Heinz Peter (Ind & Atty) Burkert, Denise O. (by Atty) Finch, Sondra Puffer, Gerald & Blair Puffer, Sharon E. (fka) Grimes, Sharon Puffer Steen, Tina Puffer, Vance Langille, Maria Puffer, Shane G. (Ancillary Admin) Puffer, Jeffery Lynn (Ancillary Admin of)
>40.00 0.05 30.00
0.10 40.00
0.30 0.50 15.00 15.00 150.00 6.00 5.00 0.01
0.50 0.70 20.00 25.00 175.00 7.00 8.00 0.015
Grantee
Transfer Tax
Middletown
Schuyler, James Andrew Schuyler, Cletus James
48.00
Hamden Hancock Hancock Kortright
City of New York Simmons, Patrick E. & Kimberly L. WVMF Funding, LLC McMullen, Timothy W. (Tr) McMullen, Maureen V. (Tr) McMullen Family Revocable Trust (by Trs) Walder, Michael & Piotr Hacker, Laura (Tr) Laura Hacker Revocable Trust (by Tr) Rosemary Farm Sanctuary, Inc.
0.00 0.00 0.00 0.00
Middletown Andes Stamford Bovina Davenport Sidney Davenport
1200.00 0.00 752.00
Brown, Richard E. & Jane V. Parkview at Ticonderoga, LLC Sakellarides, Jack
0.00 1400.00 0.00
Colchester Deposit Hancock
Vanderhyden, Philip & Erin Squatriglia, Marie Senese, Eugene John McCarthy, Lynnann
350.00 0.00 96.00
Sidney Hancock Delhi
Eberly, Ethan D. Saramago, Luis D. Burkert, Mathew P.
1920.00 36.00 680.00
Sidney
Rutenber, Brenda
200.00
Grantor OCTOBER 16, 2019 Hamilton, Joy R. Latta, Peter E. (Exr) Latta, John (Exr of) Sparaco, Sharon L. (Dist)(Beneficiary) Crossman, Thomas C. (Dist)(Beneficiary) Crossman, Flora (Dist of)(Beneficiaries of) Cianci, John M. & Nancy C. Bakker, Troy A. & Tina M. Cortese, Margaret Ann OCTOBER 17, 2019 Nesoff, Aaron (by Atty) Kumesh, Mara (Atty) Nesoff, Susan Norton, C. Michael (aka) Norton, Charles Michael Hardinger, Ruth Sudden Springs, LLC NS0154, LLC (by Atty) SN Servicing Corp. (Atty) Howard, Nelson I. & Nancy N. Munoz, Juan C. & Graciela Arkville Esha, Inc. Duck Town Rod & Gun Club, Inc. OCTOBER 18, 2019 Vamos, Mark N. Hegeman, Thomas (Ref) Garcia, Jose & Elizabeth (by Ref) Dumas, Judith TD Bank, N.A. Patin, Eugene F. Moody, Sandra H.
Annual Mean
S/S/M*
>10.00 0.05 8.00
0.10 12.00
0.30 0.50 3.00 10.00 40.00 3.00 5.00 0.007
0.50 0.70 16.00 15.00 50.00 4.00 8.00 0.012
TABLE 2 System specific characteristics: Reservoir Stem Standards (mg/L) Croton System Annual Mean Alkalinity (mg CaCO3/L) Ammonia Nitrogen Chloride Nitrite + Nitrate - N Organic Nitrogen Sodium Sulfate Total Diss. Solids Total Organic Carbon Total Susp. Solids
Catskill/Delaware System (including Kensico)
S/S/M*
Annual Mean
S/S/M*
>40.00 0.10 35.00
0.2 100.00
>10.00 0.05 10.00
0.25 50.00
0.35 0.50 15.00 15.00 150.00 9.00 5.00
1.50 1.50 20.00 25.00 175.00 25.00 8.0
0.40 0.50 5.00 10.00 40.00 9.00 5.00
1.50 1.50 10.00 15.00 50.00 25.00 8.00
*S/S/M means Single Sample Maximum [APPENDIX 18-C TESTS FOR ANALYTICAL DETERMINATION OF CONCENTRATIONS OF ELEMENTS] (b) The following [tests and] monitoring methods are used by the Department in assessing the impacts of a regulated activity on a reservoir, reservoir stem or controlled lake. An applicant may conduct sampling in waters owned by the City as set forth herein with prior authorization by the Department. [(a)](c) Collection of Samples and Assessment of Impacts (1) In conducting tests or making analytical determinations to ascertain conformity or nonconformity with the standards set forth in Subchapter D, samples should be collected from locations which are representative of the general quality of water in the watercourse, reservoir, reservoir stem or controlled lake. (2) In assessing the impact of a proposed regulated activity on a watercourse, reservoir, reservoir stem, or controlled lake, or in determining compliance with the standards set forth in Subchapter D, the Department will examine the impacts of the proposed activity throughout the year and the impacts on the photic, metalimnion and hypolimnion zones of the reservoir, reservoir stem or controlled lake. (3) Impacts on reservoirs will be determined on the basis of samples taken on a schedule which is sufficient to reflect temporal variability and to meet regulatory requirements. (4) Sampling locations in reservoirs will include: dams, intakes, mid-pool stations, and main [tributaries] tributary arms into each reservoir. At every station, [an integrated] a sample of the photic zone shall be taken. At deeper stations, samples will be collected from the metalimnion and hypolimnion. (5) Reservoir stem samples should be collected in the section of the reservoir stem that is free-flowing and unimpeded by the reservoir when the impoundment is at full pool elevation. [(b)](d) Tests and Analytical Determinations. [Tests or analytical determinations to determine compliance or noncompliance with the water quality standards in Subpart 128-4 should be made in accordance with: (1) Standard Methods for the Examination of Water and Wastewater, 12th edition, l965, Table 18, Qualitative Description of Odors, page 306. American Public Health Association, American Water Works Association, and Water Pollution Control Federation, 2626 Pennsylvania Avenue NW, Washington, D.C. 20037. (2) Standard Methods for the Examination of Water and Wastewater, 18th edition, 1992, American Public Health Association, American Water Works Association, and Water Environment Federation, 2626 Pennsylvania Avenue NW, Washington, D.C. 20037. (3) Methods for Chemical Analysis of Water and Wastes, 1979, Environmental Protection Agency (EPA), Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402; and (4) By other methods approved by the Commissioner as giving results equal or superior to methods listed in any of the above documents. (c) All materials referenced in this Appendix are available for inspection and copying at the Department of Environmental Protection, 465 Columbus Avenue, Valhalla, New York 10595.] In determining compliance or noncompliance with the water quality standards in Subchapter D, the Department will only consider tests or analytical determinations made by laboratories certified by the New York State Department of Health.
Walton Reporter
Real estate tRansactions Location
S/S/M*
*S/S/M means Single Sample Maximum
60006 NYC DEP
Grantor OCTOBER 15, 2019 Stork, Danielle Lucille (aka)(Beneficiary) Parker, Danielle Lucille (Beneficiary) Stork, Mallory (aka)(Beneficiary) Stork, Mallory Anne (Beneficiary) Stork, Yvonne (Beneficiaries of) Fletcher, Kirby & Robin Marie Simmons, Patrick E. Secretary of HUD McMullen, Timothy W. & Maureen V.
Catskill/Delaware System (including Kensico)
Location
Hamden Sidney
Full pg
10” x 10”
Grantee
10.7.19
pg 4
Transfer Tax
Imperi, Joseph Lopez, Hugo Racioppi, Jeanne Simonds, Scott D. & Mary Ann
552.00 434.00
2390.00
Tompkins Tompkins
Salak, John Ausnit, Suzanne Somers, Gena Massa, David G. & Christina
Roxbury
Bouton, James S. & Laura A.
620.00
Middletown
Schwartz, Martha
2680.00
Stamford
Denkewitz, Sue
178.00
Walton Roxbury Middletown Middletown
McNee, Gail R. Mandell, Keith R. Krishna One Realty, Inc. Van, Jimmy
70.00 1280.00 1000.00 596.00
Sidney Bovina
Kortright
160.00
438.00 620.00
Vamos, Mark N. 0.00 Eaton, Leslie Pride Walton HSBC Bank USA, N.A. (Indenture Tr) 508.00 Renaissance Home Equity Loan Trust 2006-3 (by Indenture Tr) Hancock Brophy, Gale S. 200.00 Middletown 871 Main Corp. 272.00 Franklin Patin, Paul J. 0.00 Delhi Bird, Jeffrey A. 10.00