Health Care Expansion In Walton
New Stamford Motel Page 5
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Early Voting In Delaware County By Lillian Browne DELHI - Early voting election polls are open in Delaware County. Registered voters can cast their ballots at the Delaware County Board of Elections, 3 Gallant Avenue, Delhi, on Wednesday, Oct. 30 (today) from 8:30 a.m. to 8 p.m.; on Thursday and Friday Oct. 31 and Nov. 1 from 8:30 a.m. to 4:30 p.m., and on Saturday and Sunday, Nov. 2 and 3 from 9 a.m. to 2 p.m.
WEDNESDAY, OCTOBER 30, 2019
$1.00
Painting Pumpkins
Early voting in Delaware County started on Saturday, Oct. 26. On Saturday, there were 59 votes cast; on Sunday there were 31 votes cast. By 2:30 p.m., on Monday, Oct. 28, 35 votes were cast. The Board of Elections in Delhi is the sole location for early voting this year. Voters need not bring anything with them, unless their registration has been flagged for identiSee Early Voting page 5
Rosie Cunningham/The Reporter
Adrianna (right) and Charlotte enjoy a morning of pumpkin painting on Court Street in the village of Delhi.
Lillian Browne/The Reporter
Delaware County Deputy Democratic Commissioner Paula Schermerhorn at the Delaware County Board of Elections on Monday, Oct. 28.
Walton Mental Health Clinic Discussed At BOS Meeting By Rosie Cunningham DELHI - The Delaware County Board of Supervisors discussed the new mental health facility in Walton at the Delaware County Board of Supervisors meeting Wednesday, Oct. 23. In September a presentation was provided by C&S Companies’ Managing Architect Eric Witschi. He discussed a potential future expansion of the facility on the second floor. However, at Wednesday’s meeting it was decided that the 4,100 square-foot expansion should be factored into the initial design. Broken down, the cost would be $125 per square foot. The supervisors agreed that was an excellent price ($475,000 total). The addition will add to the
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new behavioral health services facility on Delaware Street in Walton and will be the offices of drug and alcohol abuse services and adult and family and children’s mental health clinics. Charlie Piper, director of Delaware County Veterans Services discussed Delaware County Stand Down, which will be held Wednesday, Nov. 6, from 10 a.m. to 2 p.m. at the Catskill Veterans Outreach Center in Stamford. According to information which Piper handed out at the meeting - it is a coordinated effort in conjunction with the Catskill Veterans Outreach facility, VA HUD/VASH Coordinators, Delaware County Public Health, NY Connects, the Office for the Aging, Franklin Eye Wear, local area religious organizations, Delaware County Chamber of Commerce and Veteran Service Officers from outlying counties. Multiple groups will be manning tables to assist veterans. Thousands of veterans and their families have received assistance through similar Stand Down events since the first, which took place in 1988. The event can be for one to three days and provides counseling referrals, healthcare services, housing resources, legal services, wellness tips, and other activities based on the needs of the population. Veterans and their families are also able to See BOS Meeting page 7
Grassroots Effort For Delaware County Public Transit Gains Momentum By Lillian Browne DELHI - There are a variety of transportation options available to specific groups of people in Delaware County for little or no cost. Transportation options are readily available for senior citizens, veterans and those who receive Medicaid. Through various grants, senior transportation is available for non-emergency medical transportation needs for those who are not receiving Medicaid via the “Get There” call center with the use of volunteer drivers. There are also fixed bus routes operated on Wednesday, Thursday and Friday, according to Office for the Aging Representative Bonnie Radley. Because seniors, particularly in the Walton area, have said they do not want or need a bus route on Fridays, OFA has shifted its plan for bus runs from and to Delhi, Hamden, Franklin, Walton and Oneonta. The Arc of Delaware County has 12 fixed bus routes that operate Monday through Friday and
may be available for some type of ride-share pilot program for specific hours during the week and on weekends. The Arc assists
Lillian Browne/The Reporter
Julia Reichel, Middletown Council member and Catskills Addiction Coalition member, facilitated an inclusive discussion regarding the viability of a public transportation system in Delaware County at the County Office Building in Delhi on Oct. 28.
OFA, when needed, according to Radley and Arc transportation supervisor Alan Shaver. Like OFA, the Arc struggles to find volunteer and paid drivers. “We are consolidating runs,” Shaver said, “because we don’t have riders. But we do have open seats, so maybe there is some potential for ride sharing and driving.” The meeting, facilitated by Julia Reichel, a Middletown Council member and member of the Catskills Addiction Coalition, was held with the goal of creating some form of public transportation for all Delaware County residents. Bill Wagner, mobility manager for Rural Health Network, said a successful public transit model in Delaware County will not be large buses stopping on every corner. Rather, he said, it will most likely succeed with a combination of providers and routes incorporating volunteer drivers and utilizing technology. A successful model, Wagner continued, will likely contain public, See Public Transit page 3
DelCo DSS Commissioner Defends Against Allegations, Denies Wrongdoing BOS Will Not Reappoint Cmmsr., Media Reporting Is Inaccurate, Walton Supervisor Believes By Lillian Browne DELHI - Accused of a variety of non-criminal charges that resulted in her suspension on July 9, Delaware County Commissioner of Social Services Dana ScuderiHunter gave testimony denying, refuting, clarifying and explaining 19 pages of allegations of wrongdoing, on Tuesday, Oct. 22. Scuderi-Hunter was the sole witness, beginning her testimony at 9:04 a.m. and finishing at 4:47 p.m. Detailing her experience and responsibilities, Scuderi-Hunter said that she was appointed as Commissioner of Social Ser-
vices on Jan. 7, 2015, selected to head the department over a 30year veteran of the department, which staffs 104 employees and has a budget of approximately $29 million. She is responsible, ScuderiHunter said, for every decision that every person makes that works in her department. Though her staff is not required to have her approval for everything, Scuderi-Hunter explained, caseworkers are part of a “team” and decisions are generally made through a collaborative process. Through testimony elicited by her attorney, Ronald Dunn of Al-
bany, Scuderi-Hunter, chartered a lengthy and detailed course See DSS Commissioner page 6
File Photo
Delaware County Commissioner of Social Services Dana ScuderiHunter
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All are invited to the 20th annual roast pork dinner on Saturday, Nov. 2 at the Christ Church Parish Hall, Gardiner Place. Menu is roast pork, mashed potatoes, dressing, assorted vegetables, rolls, homemade applesauce and pies. Tickets are $12 for adults; children 5-12 $5 and under 5 free. Dinner is served at the church 4-7 p.m., takeouts will be available from 4-5 on only by calling 865-4698. The church is handicap accessible. Volunteers to help serve are needed call the number if you can. The winners of the Walton Chamber of Commerce raffle at the Night of Entertainment were $1000 to Taylor (Benson) Buchanon, $500 to Maureen Wacha, third to Jon Hoffman, fourth Karen Gery $150, and fifth - $100 to Mary Covell. Congratulations to all the winners. There will be a benefit spaghetti and meatball dinner at the Walton Vets Club on Nov. 15 to help little 5 year old Caitlyn Hilton from Franklin. Caitlyn must make frequent trips to Boston to receive lung treatments. Her dad Art is a contractor and Franklin fireman and a National Guard reservist out of Walton. Her mom is a stay at home mom, taking care of their five children. Dinner will include salad and rolls, drink and dessert for $10 per person, kids 12 and under, cost $7. Takeouts will be available, and it’s handicap accessible. Hosted by Southern Tier Nam Knights, the proceeds will go directly to the family who will be at the dinner. Come meet them to show your support and get a great dinner cooked by the Knights. The American Legion Auxiliary will host its next Friday night dinner on Nov. 1 from 5 to 7:30 p.m. at the Walton Veterans Club. Donation $10. Menu: chicken parmigiana, pasta, tossed salad and homemade desserts. Booty Security LLC and Defensive Driving will present a 6-hour defensive driving course at the New Hope Community Church on Nov. 30 starting at 10 a.m. All are welcome - the course is open to the public. Participants will receive certificates by mail within a week. The course will save 10% on liability and collision coverage and can erase up to four points on your license. Pre-payment not accepted so if something “comes up” there’s
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THE REPORTER
no wait for the refun. The fee for the course is $40, discounted to $35 for First Responders, those over 50 and high school students. Other discounts may be available so ask. Guests should register at 607 5389632. The Townsend Elementary School Halloween parade will be Thursday, Oct 31 at 1:30 p.m. The route will be the same as past years - out the school driveway, down Mead Street, left on Townsend, left on Delaware Street to Gardiner Place, back to Townsend School. In case of rain, the parade will be cancelled. Remember weaponry of any kind is not allowed for the parade, and adults cannot be admitted to school with masks on. It’s a time for fun at the school, - save the “tricks” and scary things for the evening. There will be help in classrooms for children to get into their costumes. If you send in the costume, be sure to label it with your child’s name. If you come to the school to help them you will meet them to dress in the playroom. Children need to be back to their classroom by 1:15 ready to go. Thanks for your cooperation and patience on a busy day. Come out and join the fun on Halloween night for the Trunk or Treat at the First Baptist Church parking lot. The church is on the corner of Platt Street and Townsend Street, and the parking lot is on the Platt Street side. Open 5-8 p.m., they will have a lot full of goodies in the trunks of cars, and delicious kettle corn, hot chocolate and coffee. Come enjoy some family fun with your community and friends. Remember Halloween etiquette is to only go to houses with their porch lights on (or those that are decorated for the season). It’s a good plan to only go to houses of those you know, so thankfully we live in a small town. Remember to have flashlights or some kind of lights to help motorists to see the children in the dark, and help them walking in the dark. With a lot of traffic, and a lot of excited kids, we all need to be extra cautious to have a great night. The Walton Veteran’s Day parade will line up at the Community Bank parking lot on Gardiner Place starting at 10-10:30 a.m. on Veteran’s Day, Monday, Nov. 11. The parade will move out about 10:45 a.m.
and march across Bridge Street to the old armory (Castle) to the WW II memorial for a flag raising ceremony at 11. There they will have a firing squad salute, TAPS and music by the high school band, After which marchers will return to disband at Gardiner Place. All are then invited to a luncheon at the Walton Vet’s Club where marchers get a free lunch, and others are asked for a free-will offering. The American Legion and American Legion Auxiliary and Veterans of Foreign Wars are celebrating 100 years of service to veterans. View the display of area veterans and also memorial walkway pavers can be purchased that will be installed and dedicated at the Vet’s Club. The bluestone pavers, with be engraved with three lines - the 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 at 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, 10 Park Street, attention: Memorial Walkway. If you are you a veteran or have a loved one who has served, Janet at Community Bank is collecting photos of Waltonians and their families who are veterans for a Veteran’s Day tribute. If you would like to include a photo, bring it to the bank and ask for her. The photos will be displayed in the bank lobby. Last year students wrote some beautiful thank you notes to vets and they were displayed - community members can write notes, too. Let’s show them how much their service means to us. Nov. 8 will be a red, white and blue day at Townsend School to honor our veterans for Veterans Day.
Election day is Nov. 5, but voters can vote early - through Nov. 3 at the Delaware Co Board of Elections in Delhi. Hours are at co.delaware. ny.us - click on the early voting buttons for information. Voting for local elections will still be at the bus garage on Nov. 5 from 6 a.m. till 9 p.m. and follow the same guidelines. The William B. Ogden Library will host a tole painting workshop on Saturdays, Nov. 9 and Nov. 16, at 10:30 a.m.- 1:30 p.m. Tole painting is the folk art of decorative painting on tin and wooden utensils, objects and furniture. The instructor is Deb Corcoran of Delhi. Participants will paint a winter snowman scene on a wooden plaque. Workshops are limited to six students. Reservations are required and must be secured with a $10 deposit, refundable when students attend the class. Participants are encouraged to bring a smock and an old toothbrush. Start your Christmas shopping or just come and get yourself some handmade items in Trout Creek on Saturday, Nov. 2, from 9 a.m. to 2 p.m. There will be soups and sandwiches, beverages, and warm apple crisp for dessert. Takeout orders welcome. There will be a bake sale as well as local vendors at the Trout Creek Fire Hall, and more vendors at the Trout Creek oneroom schoolhouse just around the corner 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 kickoff its Christmas season on Saturday, Nov. 2 from 10 a.m. to 3 p.m. at the First Congregational Church with hundreds of holiday items. My Brother’s Keeper will hold its
annual pie and quiche sale at the same time. No lunch that day because of the sale. The New Hope Community Church is planning their third annual free roast pork dinner for veteran’s and their families to thank them for their service. The dinner will be held on Veteran’s Day, Monday, Nov. 11 at 5:30 p.m. at the New Hope Church, Stockton Avenue. Reservations are a must, and can be made by calling Marie Celli at 464-4187. Veterans’ survivors are also welcome to attend to honor their service. The William B Ogden Free Library will offer an exclusive “Country Music: A Film of Ken Burns” screening at on Wednesday, Nov. 6, at 6 p.m. Live music by area musicians, and a time of discussion. The Townsend and MS/HS PTA will have its second annual Arts and Craft Fair on Dec. 7 and are looking for students and/or clubs to make items to sell at the fair. Last year students of all ages participated and they were very successful. 4-H Clubs, Cub Scouts, Boy Scouts, Girl Scouts, teams, classmates can get together, or do your own thing. They’re looking for things that are good for gifts, or just for fun. It might be wreaths, candles, Christmas ornaments, baked goods, jewelry, home décor - whatever is handmade by students. It only costs $5 per table and they make 100% profit on what they sell. Reserve your space by Nov 15. Last year students sold out! What a great way to support our entrepreneur and artistic students. Troop and Pack 45 for Scouts hand out food bags on Saturday, Nov. 1 for pick up on Saturday. Nov. 9, to donate to the Walton Food Bank. If you do not get a bag, but have food to donate, contact Jamie Thomson 287-5656 for pick up.
Red Cross: Healthy Donors Needed To Maintain Blood Supply As influenza activity picks up this fall, the American Red Cross urges healthy donors of all blood types to give blood to ensure a strong blood supply for patients in need. Blood and platelets can only be given by donors who are feeling well. One way to maintain health is to get a flu vaccine each fall. There is no waiting period to give blood after receiving a flu shot as long as the donor is symptom-free and fever-free. Donors of all blood types, especially platelet donors and those with type O blood, are urged to give to ensure a stable supply this fall. Stay healthy this flu season and make an appointment to donate blood. Download the free Red Cross Blood Donor App, visit RedCrossBlood.org, call 1-800-RED CROSS (1-800-733-2767) or enable the Blood Do-
nor Skill on Alexa Echo devices. Upcoming blood donation opportunities in Delaware County: Delhi Nov. 7/, 10:30 a.m. - 4:30 p.m., State University of New York Delhi, Farrell Student & Community Center, 2 Main Street. Nov. 8, 8 a.m. - 1 p.m., Delaware Academy, 2 Sheldon Drive. Hancock Nov. 9, 8 a.m. - 1 p.m., Hancock Elementary School, 67 Education Lane. Sidney Nov. 4, 10 a.m. - 3 p.m., Sidney Federal Credit Union, 42 Union Street. Walton Nov. 5, 2 - 6 p.m., Pines Brook Church, 1444 Pines Brook Road. Nov. 7, 8 a.m. - 1 p.m., Walton O’Neil High School, 47-49 Stockton Avenue.
State Highway To Be Named In Honor Of Sidney Veterans Seward, Crouch Legislation Signed Into Law
A portion of New York State Route 8 in Delaware County will be named the Sidney Veterans’ Memorial Highway under legislation signed into law Tuesday, Oct. 29. The bill, sponsored by Senator James L. Seward and Assemblyman Clifford W. Crouch pays tribute to all veterans who have sacrificed and served our country.
Senator James L. Seward said, “Our veterans are true heroes and it is always an honor to recognize their service and sacrifice to our nation. Sidney, like many of the villages and towns I represent has a special relationship with its veterans and this new highway designation will further enhance that bond. I look forward to seeing the new signs and
hope they remind everyone of the valor, courage, and heroism all veterans exhibit in service to our nation. Thanks to Governor Cuomo for signing this legislation into law.” Assemblyman Clifford W. Crouch said, “I am very happy to see the governor sign legislation today naming a section of Route 8 the ‘Sidney Veterans’ Memorial Highway. Our veterans and their families make so many sacrifices for us, it is important we continue to support them and honor them in any way we can. It has been a privilege to carry this legislation in the Assembly that will commemorate the brave souls from our communities who so selflessly served our country. I want to thank the governor for taking swift action and signing this into law.” The legislation sponsored by Senator Seward and Assemblyman Crouch designates a portion of New York State Route 8 running to the newly developed Sidney Veterans’ Memorial Park as the “Sidney Veterans’ Memorial Highway.” The village of Sidney requested the special highway designation. A formal sign installation will be scheduled in cooperation with the New York State Department of Transportation at a later date.
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First Responders Recognized By Walton Scouts, Students By Patty Wood
Patty Wood/The Reporter
Recognizing First Responders at the Walton Fire Hall Monday night were, in the back row, left to right with poster: Skylar Maryon, Josh Griffin, Trent Wood, Dustin Boecke, Joe Cetta and David VanLoan. Second row: Theresa Thorakos, Jamie Thomson, Jesse Thomson, Jami Aubin, Chrissy Scofield, Jessica Gilmore, Frank Wood, Courtney Cetta and Natalie Wright. Middle row: Graham Jackson, Tim Clinton, Noah Howland, Henry Wilcox, Elias Bayne, Callan Neale, Jonathan Goodstal and Jaedyn Roloson. Front row: Aubrey Thomson, Tristan VanLoan, Cayden Garone; kneeling, Preston VanLoan, Dawson Bowker, Liam Pettit, Thomas Wilcox, Andrew Goodstal, Gabriel Padgett, Tanner Neale.
Public Transit... continued from front page
Several activities took place around Walton to commemorate National First Responders Day on Monday, Oct. 28. Walton Cub Scout Pack 45 organized a letter-writing campaign from the community to express thanks to Walton’s First Responders. Boy Scout Troop Leader Al Aubin made a wooden box to be available at the fire hall in which community members can leave letters and notes of gratitude. The Cub Scout Packs of Jami Aubin, Jamie and Jesse Thomson, Theresa Thorakos, Chris Bowker and David VanLoan decorated the box
New DelCo Chamber of Commerce Director Elected Kevin DePodwin of Roxbury was elected on Monday, Oct. 21, to fill a vacant Delaware County Chamber of Commerce director position created when Cindy Pinney retired from her position on the board. DePodwin is the co-owner and founder of Table to Farm Tours, with his partner Lindsay Barton. He has a master of public administration from Syracuse University.
Lillian Browne/The Reporter
Delaware County stakeholders met on Oct. 28 to discuss the creation of a public transit system in Delaware County. Pictured, from left, bottom row: Julia Reichel of the Catskills Addiction Coalition, Dmitra Alberti and Shelly Bartow of Delaware Opportunities, Terry Whitney of Delaware County Office for the Aging, Dotti Kruppo of Delaware Valley Hospital, Rena Riba of NAMI Delaware & Otsego Counties. Back row, from left, Alan Shaver of The Arc of Delaware County, Bill Wagner, mobility manager of South Central New York Rural Health Network, Ray Pucci of the Delaware County Chamber of Commerce, Jeanne Darling of Cornell Cooperative Extension of Delaware County, Fred Marguiles, Middletown Assessor, and James Krueger of St. James Church. private and philanthropic investment in order to make it sustainable. “The key to success is coordination and collaboration,” Wagner said. “Sometimes you have to check your ego at the door for the greater good. You have to have realistic expectations.” The most successful public transit models in the country are “micro-transit” systems, Wagner said. Those systems, he said, are more affordable than owning a vehicle. OFA buses are available for public use, Radley said, because funding comes from the Older Americans Act. Though OFA services are geared toward senior citizens aged 65 and older, ridership for those under 60 years old and/or disabled is permitted. Children are not permitted on OFA operated buses, Radley explained, because the drivers do not complete the same level of fingerprinting and background checks that are required when working with youth. People - about 90% of them - are simply not aware of what types of services that already exist in the county, Wagner said. The “Get There” call center provided 30,000 miles of transportation last year, he said; but people don’t know about the service. “We don’t invest in marketing,” Wagner said, “Because we have high demand but little resources.” Reichel called for lobbying, outreach and data collection from those in attendance to make the push for public transit achievable and sustainable. Takeaways from the meeting included the establishment of a committee to work toward updating Delaware County’s comprehensive transportation plan. The plan is required to be updated every five years. However, the last one that was completed was in 2011, Reichel said. That plan outlined a collaborative solution but the reason it didn’t happen,
she said, was because Medicaid “swooped in” and was able to take over a large part of an unserved and underserved sector of Delaware County residents. The plan requires updating, not just because the state requires it, but because communities have changed in the past nine years. Hancock is completely different in its needs than Roxbury - as are Sidney and Margaretville. The topic of public transportation has long been discussed in Delaware County, Delaware Opportunities Director Shelly Bartow said. But talk has replaced action, she said. The business community has expressed its frustration with the lack of public transportation, according to Delaware County Chamber of Commerce President Ray Pucci. The lack of public transit has a direct impact on workforce development, Pucci said. The lack of public transportation also impacts the tourism economy, to a degree, he said. Pucci also advocated for a reli-
with small paintings of ambulance, fire and police departments. Each grade at Townsend School signed posters, and individual students and adults wrote letters or drew pictures. As all of Walton’s First Responders are volunteers, it is especially important to thank them for the countless hours they donate to train and serve the community. New volunteers - adults and youth - are always welcome, and are needed at all levels. Students can join the Explorer Club at 14, and work their way to becoming EMTs or firefighters while still students. Contact the fire department to learn more about volunteering.
able cellular phone network in the county, which would allow private transportation companies, like Lyft or Uber, to establish a presence in the county. The group will also create and/ or update a map which details types of transportation available throughout the county and which organization or agency is providing that transportation to better assess gaps in need and service. Delaware County is one of two New York counties that does not have a public transit system.
Kevin DePodwin
Healthcare Insurance Questions Answered Healthcare insurance questions and concerns will be addressed at a coffee hour hosted by Trackside Diner, 88 Main Street, Sidney, on Monday, Nov. 4. Mike McFee from UnitedHealthcare Medicare Solutions will be in attendance 9 to 10 a.m. All are welcome.
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DelCo Clean Sweep 2019 Is a Feel-Good Success
October 30, 2019
THE REPORTER
Meet-and-Greet-A-Goat
Rosie Cunningham/The Reporter
Rosie Cunningham/The Reporter Aryanna O’Bryon, 10, Stamford, visited with goats Saturday and posed for pictures. Donations went Thomas Clark, 4, Charlottsville, visited with to benefit the South Kortright Central School lunch goats at the Stamford Farmers’ Cooperative Saturday. program.
Health Care Expansion in Walton By Lillian Browne
Rosie Cunningham/The Reporter
Marian Kiraly of Cornell Cooperative Extension stands with Kathryn Davino (right) in Delhi Saturday. By Rosie Cunningham DELHI - It was a “clean sweep” in Delhi on Saturday, Oct. 26, at the Delaware County Sheriff ’s Department. The Delaware County Department of Public Works (DelCoDPW) collaborated with the Watershed Agricultural Council, Delaware County Cooperative Extension, NYC Department of Environmental Protection, and NYS Department of Environmental Conservation on the event - a clean environmental initiative. Businesses, farmers and municipalities preregistered to drop off their hazardous waste. Clean Sweep received hazardous waste from farms, municipalities, and businesses on Friday, Oct. 25, and from residents Oct. 26. According to Mariane Kiraly, an educator at Delaware County Cooperative Extension, about 300 individuals dropped off materials on Friday. “Businesses were in the morning - like people who do photography and dye,” she said. “Farmers may have medication or paints and oils, solvents and
fluorescent bulbs.” Kiraly said the event has been going on for more than 20 years. “It’s a feel good event,” she said. “People clean out their things and feel really good about it.” In addition to the agencies, Kiraly said there are multiple volunteers - including long-term volunteers - who help each year: Peg Kenyon, Kathryn Davino and Rose Mary Heannings, along with SUNY Delhi student volunteers. “Volunteers help make the event flow smoothly,” she said. This year, Clean Sweep accepted hazardous and semihazardous waste, pesticides and poisons; automotive solvents, cleaners, brake fluid and degreasers; acids and caustics; flammable liquids and gasoline mix; oils, stains, varnishes and preservatives; adhesives, glues, and driveway sealers; photograph chemicals and chemistry sets; chlorine, pool, and spa chemicals; tars, creosote, asphalt sealers; mercury thermometers, switches and thermostats; fluorescent bulbs, mercury lights and ballasts; sharps, syringes and lancets; paints and household pharmaceuticals.
The
Bramley Insurance Agency
WALTON - A Time to Heal Massage Therapy and Doula Services, owned and operated by Rachel James of Walton, celebrated an expansion of services, hours and new location at an open house held on Saturday, Oct. 26. Previously located on Walton’s traditional business district on Delaware Street, James is now located at 11 Townsend Street with a second massage therapist and chiropractic services offered on site. James, a Walton native who graduated from high school in 2008, completed her licensing requirements at the Finger Lakes School of Massage in Ithaca in 2012. She returned to Walton in 2016, by way of Chicago, renting massage therapy space on Walton’s West Street. During her time away, she realized how much she missed her home, her family and friends and upstate New York, she said. She knew there was no massage therapist in Walton, and knew she could meet a need, James said. Her practice grew and she moved into rental space on Delaware Street, but wanted her own space to be able to do more with it. The new location on Townsend Street has enabled her to accommodate her clients by providing them with handicap accessibility, unavailable at her previous location. The majority of her clients 80-percent - are treating with her for pain management; either chronic pain, injury, surgery prevention, rehabilitation or maintenance. Many of her clients, she said, have levels of difficulty with walking - either from a knee or foot surgery or another reason. The wheelchair friendly ramp at her new location also makes it easy for those who have a hard time managing stairs, she said. She has developed a client base of over 600 people in the past three years, she said. “I know the market and demographic,” she said, “and I know how to reach people.”
Lillian Browne/The Reporter
Rachel James, owner of A Time to Heal Massage Therapy and Doula Services celebrated with an open house on Saturday, Oct. 26 at her new location - 11 Townsend Street, Walton. Here, James is pictured with Delaware County Industrial Development Agency Director Bruce Dolph. The IDA provided James with a loan to assist in the purchase of and upgrades to the building.
Lillian Browne/The Reporter
Expanded services include an additional licensed massage therapist and chiropractic treatments at the newly relocated A Time to Heal. Pictured, from left are: Alice Taylor, Karson James, Rachel James, Bruce Dolph, Alicia Viafore and Anthony Viafore. She has expanded her services to include an additional massage therapist - her mother, Karson James, who retired in June from a position at Sidney Central School. Karson took her massage licensing exam in July and discovered she passed with “flying colors” in August and joined the
A Time to Heal team. Along with expanded hours, Karson will provide outpatient services for those who are homebound. Along with the massage services, Viafore Family Chiropractic has rented space in James’s new Townsend Street location, and reiki sessions are available with Kiana Beers, by appointment. Approximately 15% of her client base seeks stress management, James said, and the other five percent is solely relaxation focused. She looks forward to expanding services for stress management and in the coming years hopes to utilize infrared light meditation therapy. For more information or to book an appointment, visit atimetohealmassage.massagetherapy.com, book an appointment through the Facebook page, email atimetohealmt@gmail. com or call 607-269-5020.
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THE REPORTER
Weather Words With Frank Ward
Rosie Cunningham/The Reporter
Juan Nicholls and Julian Mclean improved the former Stamford Motel on Main Street in the village.
New, Fresh Face For Stamford Motel By Rosie Cunningham
STAMFORD - Juan Nicholls and Julian Mclean have restored Stamford Motel in the village of Stamford and it’s hardly recognizable. Mclean, a Stamford resident, is the designer architect and contractor; Nicholls is an owner and
resident of the country of Columbia. Mclean’s wife Manuela, has been a great help and does a lot of the work. “We flip properties together,” he said of the partnership. “I found Stamford on the internet and really liked the area and I encouraged Juan to come have a look.”
Contributed Photo
The new location of JHA Companies, 27 2nd Street, Delhi.
JHA Companies Relocates To Former Mullenix Office JHA Companies has announced the relocation of its Delhi office to the late Ronald Mullenix Land Surveying office in Delhi. With the purchase of the building, JHA also acquired the surveying records and plans
of Ronald Mullenix Land Surveying, enabling a smooth transition for Ron’s previous clients. For an in-depth company profile and details on services offered, visit jhacompanies.com.
Hiring Our Heroes
Veterans Business Resource Fair Nov. 14 If you are you a veteran looking for a job or to start a business or if you own a business and are looking for employees, come to the ‘Hiring Our Heroes’ job and resource fair on Thursday, Nov. 14 from 1 to 3:30 p.m. at Sidney American Legion, 22 Union Street, Sidney. Employers will be connected to a viable workforce consisting of veterans eager to obtain employment. Employers, be prepared to present information about your company and job openings, and be ready to interview applicants, accept resumes, and offer advice about how to prepare for employment with their company. Event promotion is targeted to
job-seeking veterans. There is no fee to participate, but registration is required. A table with two chairs will be provided. The ‘Hiring Our Heroes’ job and resource fair will feature representatives from the Small Business Administration, SCORE and local financial lenders. This event is sponsored by the New York State Department of Labor, Delaware County Veterans Service Agency and the Delaware County Chamber of Commerce. To register and reserve a table contact Debbie Bender at NYDOL at 607-432-4800 x101, or email debra.bender@labor. ny.gov.
“It was good for me to make an investment outside of Columbia,” said Nicholls, who comes to the area “every three months” give or take. Mclean, who has an Airbnb, said they contacted the neighboring real estate office to inquire about potential properties. They believe purchasing the hotel and its renovation was a great fit. The rooms are complete and meticulous; the “lobby” will be completed at a later date. The pair said they are currently waiting on the Certificate of Occupancy and guests will then be welcome. And as for a name, Mclean said he wants community members to come up with a name. “It will be like a contest,” he said, and added he is working out the details. “Perhaps a free night or cash prize.” Nicholls and Mclean said they have been “overwhelmed” as many individuals in Stamford have stopped in to express appreciation. “People were happy we fixed this up and are a part of enhancing the community,” he said. “There is a need for places to stay in this area and we would like to help the economy.”
Tours will start at 10 a.m. and go through noon at the solid waste facility - landfill - 32230 state Highway 10, Walton. For more information about the Delaware County Chamber of Commerce visit delawarecounty. org.
Prediction For the Week
More sun than clouds, one big storm on Tuesday which produced a little over half an inch of precipitation. We also had some very warm days. Monday hit 69 degrees, more than 15 degrees above normal. We also had 67 degrees, 59 degrees and 61 degrees. Normal now is 51 degrees. This is Sunday as I am writing. Saturday night/Sunday morning early another one-tenth inch of precipitation, more is coming today. We are way over in precipitation for October - already 6.29 inches, normal 3.63 inches. We are also way over for the year as of this point by 6.47 inches, with more to come.* Predicted for the rest of today is another one-half inch and then a really strong cold front will push through us Wednesday, producing showers Thursday and Friday and also dropping our daytimes into the low to mid-40s and nighttimes into the 30s with more frost. These cooler days are supposed to hang around - the cold Canadian air is finally moving in. It’s going to be a chilly, shower-y Halloween this year. *As of Monday, we have 6.94 inches for October and 7.12 inches over year-to-date. -Frank
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Each month, the office of U.S. Representative Antonio Delgado (NY-19) hosts mobile office hours so that constituents can meet with the Congressman’s staff and receive assistance with constituent services. This includes any type of support with federal services, from seniors having issues
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Rep. Delgado November Office Hours In Roscoe with their Social Security benefits, to veterans needing more information on VA benefits and services, to organizations applying for grants. Mobile office hours will be held Nov. 25 at the Roscoe Free Library, 85 Highland Avenue, Roscoe, from 11 a.m. – 1 p.m.
Public Service Announcement Village of Delhi
Village of Delhi Assistant Village Clerk Amber Phraner reminds village residents that the last day for brush chipping will be Nov. 4, and the last day for leaf pickup will be Nov. 15.
‘Trash 2 Cash’ - DelCo Recycling Open House Nov. 9 Part “space-maker,” part “money-maker,” 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. There, people can tour the facility, including the composting and recycling centers - which has extended the life of the landfill and generates a quarter of a million dollars in revenue annually. The Delaware County Solid Waste Management Facility partnered with the Chamber to show residents and business owners how garbage is transformed into compost, watch leading-edge technology at work and how trash is turned into cash.
Weather Summary For Oct. 21 - Oct. 27
Early Voting... continued from front page fication. In that case, Delaware County Democratic Commissioner Judy Garrison said, bring a driver’s license or other form of identification. Board of Elections staff quickly and efficient walk voters through the process, keying in their names, confirming voter information, queuing the correct ballot based on town registration and directing voters to privacy booths and finally electronic machines where votes are collected and tallied. The Board of Elections is handicap accessible and staff reminds voters that if they vote during the early voting period, they are not eligible to vote on Election Day, Nov. 5. Polls are open from 6 a.m. to 9 p.m.
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6
October 30, 2019
The Reporter
DSS Commissioner... continued from front page dismantling the allegations made against her by various county employees, including County Attorney Amy Merklen, Personnel Officer Linda Pinner, former Caseworker Angela Barnes, Supervisors Tina Molé and James Eisel, Probation Director Scott Glueckert, Public Health Director Amanda Walsh and Community Services Director Cynthia Heaney. In response to allegations of conduct unbecoming an employee, supported by claims that Scuderi-Hunter “alienated other department heads and belittled and demeaned various employees thereby impairing the effectiveness and efficiency of the operations of the County,” “... failed to cooperate with her fellow county employees, and not because she disagreed as to the proper disposition for any juvenile delinquency or petition for violation of probation,” and “... repeatedly engaged in conduct that is described as antagonistic, disrespectful, overbearing and disruptive of a collegial and collaborative working environment despite knowledge that cooperation was an essential element of her duties,” she testified about interactions, conversations, witnesses to conversations and provided copies of email exchanges which disproved all of the allegations, according to Dunn. In contrast to Merklen’s testimony that Scuderi-Hunter was non-cooperative and directed DSS staff not to communicate with the county attorney’s office, Scuderi-Hunter testified that she never directed any of her staff to withhold information from the department. Instead, Scuderi-Hunter testified to complaints made to her by casework staff that while they were in the courthouse waiting to be called into the courtroom on their cases, Merklen made intimidating statements to caseworkers such as: “Over my dead body will this child go back to its mother,” “I will pull the race card if I have to,” and, “I’ll leave him there until he’s 18 and wash my hands of him.” Scuderi-Hunter stated that she asked for a meeting with Merklen in Sept. 2018 to discuss the statements she was reported to have made in front of caseworkers and the concerns that her caseworkers expressed over those statements - and to clarify the roles of the county attorney and a caseworker in a proceeding. “I asked her not to use language like that in the courthouse in front of my staff,” ScuderiHunter testified. “It’s uncomfortable for my staff. Her (Merklen’s) role is to represent the department, not to influence the case
decision.” Hearing Officer Alfred Riccio, selected by Delaware County to determine whether the allegations are true, asked ScuderiHunter what she meant by the word “influence.” “When she (Merklen) makes the statement ‘Over my dead body’, that’s intimidating to my casework staff, Scuderi-Hunter responded. She requested the meeting with Merklen, Scuderi-Hunter said, because she was seeking improved communication with the county attorney and because her department had received a bill from Frank Miller for legal services billed to DSS, and she wanted to know what the bill was for. Prior to requesting a meeting with Merklen, Scuderi-Hunter testified, she had unsuccessfully attempted to speak with Merklen on the phone regarding the bill from Miller’s office. When she was unable to reach Merklen about the bill, Scuderi-Hunter said, she contacted Miller, who told her he thought Merklen would have “shared this with you.” The bill was for legal services provided on behalf of DSS who was threatened with a lawsuit by a person (former DSS recipient) who had filed for bankruptcy and to which DSS was sending dunning notices, Scuderi-Hunter said. A creditor, in this case - DSS, is prohibited by law from sending dunning notices to a person once they have filed for bankruptcy. The county attorney’s office failed to notify DSS that the former DSS recipient had filed for bankruptcy, Scuderi-Hunter testified, and because of that, DSS continued to send dunning notices, exposing the county to legal liability. “I needed to be made aware of the fact that a client of my department was suing the department and suing the county,” ScuderiHunter testified. The county attorney never told DSS about the bankruptcy, Scuderi-Hunter said, and she did not know if her staff was doing something wrong. Despite the reasons for requesting the meeting, ScuderiHunter said, she thought the outcome of the meeting was positive. Following the meeting, however, Scuderi-Hunter testified that she received an email from Tina Molé or Amy Merklen, scolding her for contacting outside counsel despite a previous written communication to all department heads prohibiting the contact without prior approval. Shortly after that, ScuderiHunter testified, another incident occurred between Merklen and a senior DSS staff member.
The employee called ScuderiHunter crying, she said, telling Scuderi-Hunter that the county attorney “was flailing her hands” and asking the caseworker “What is wrong with you people? This child should be in foster care.” Scuderi-Hunter testified that she sent a letter to Merklen outlining the caseworker’s retelling of events, asking for a meeting and resolution, and provided a copy of that letter to Molé and the respective committees. Miller objected to Riccio allowing the letter as evidence in the matter because Merklen never responded to it. The letter was admitted for the limited purpose of describing attempts to work with Merklen and allegations that Scuderi-Hunter had “inappropriate interaction” with Merklen. Regarding the allegations that Scuderi-Hunter committed misconduct by yelling at former caseworker Angela Barnes in the presence of other staff in Charge No. 3 “which resulted in embarrassment and humiliation of the employee who had followed established procedure,” and directed Barnes not to use her professional judgment which amounted to “verbal abuse” and “serious misconduct, conduct unbecoming and mismanagement,” Scuderi-Hunter testified that she engaged in none of those behaviors. Likewise, Scuderi-Hunter testified that she never directed Probation Director Scott Glueckert to remove handcuffs from a child in contrast to his previous testimony. Instead, she said, when Angela Barnes told her on the phone that she was having difficulty de-escalating the child, Scuderi-Hunter sent another DSS staff member - Keith Weaver - to assist Barnes to see if they could, together, calm the child. She told Glueckert, she testified, that if the child were not sentenced to secure detention that DSS would provide respite service for the child and his family, if requested. Under cross examination, Scuderi-Hunter answered “yes” when asked if Glueckert had lied under oath when he testified that she directed him not to advocate for secure detention for the child and to release the child to Weaver. “I offered respite, I didn’t say anything about detention,” Scuderi-Hunter testified. Two children, one in foster care and one receiving services from DSS but not in foster care, were both assigned to Angela Barnes as a caseworker, ScuderiHunter said. Both of those children were ordered into secure detention, while on Barnes’ case-
Lillian Browne/The Reporter
Delaware County’s contracted attorney Frank Miller with his chief witnesses, Delaware County Personnel Officer Linda Pinner, left, and Delaware County Board of Supervisors Chairperson Tina Molé, at the conclusion of the administrative hearing against Social Services Commissioner Dana Scuderi-Hunter on Friday, Oct. 25. load - something that had not happened in the past 10 years in Delaware County. The following day, ScuderiHunter testified, she had a team meeting at 99 Main Street, at which she asked all present what type of activities could be provided to teenagers to keep them interested, engaged and out of detention. “Angela Barnes spoke up at the meeting. She took her earbuds out and said the child ‘wanted to see his cousin,’” Scuderi-Hunter testified. In response, ScuderiHunter said, she told Barnes, “You made that happen.” “I didn’t think it was funny that children are in detention,” Scuderi-Hunter testified. “I feel bad that I said that to her, but I said that to her. It’s not a laughing matter. There’s nothing funny about that.” She testified that she never yelled at Barnes. If Barnes testified under oath that Scuderi-Hunter had yelled at her, Barnes was lying under oath, Scuderi-Hunter said. The two children were removed from Barnes caseload at Barnes’ request, Scuderi-Hunter testified. The collaborative decision was discussed with Barnes’ supervisors Johanna Bogoni and Rebecca Hoyt. In further interactions with Barnes, Scuderi-Hunter said that Barnes became subject to a counseling memo for making a statement publicly in the courthouse that children needed to be in detention. “The position of DSS is to help children and not put them in secure detention,” Scuderi-Hunter testified. Not long after those incidents, Barnes resigned from her position to take another employment offer. In an exit interview form, Barnes indicated that she wanted to meet with the county’s personnel officer and in the space provided to request a conversation
or meeting with the department head Barnes wrote “Efff no,” Scuderi-Hunter testified. During the course of Barnes employment, Scuderi-Hunter said, a union grievance was never brought against her nor was a written complaint in compliance with county policy. In response to allegations that she, without notice to Public Health or Community Health, interrupted meetings and took measurements of unused space at 99 Main Street and 167 Main Street (Public Health space and space being used at the women’s shelter and by Friends of Recovery of Delaware and Otsego Counties) Scuderi-Hunter said both committees took action and gave direction regarding the space. She did not act unilaterally. In fact, she testified, late Walton Supervisor Charlie Gregory, a member of her committee, accompanied her to Public Health to take measurements for space needed for a child advocacy center to interview children who were reported to have been sexually or physically abused. She was summoned to Pinner’s office, Scuderi-Hunter said, at the end of June, where Pinner, with Merklen and Molé present, asked Scuderi-Hunter if she knew why she had been asked to come to her office. “I said it was likely due to the slanderous letter I received from the county attorney,” Scuderi-Hunter said. Pinner changed the subject, Scuderi-Hunter said, and said that numerous staff members had complained about her. Scuderi-Hunter said she was surprised to hear that and suggested that Pinner speak with a majority of DSS staff rather than one disgruntled employee. Pinner then asked her why the number of children in foster care has dropped, Scuderi-Hunter testified. In response, Scuderi-Hunter said she told Pinner that DSS’s goal was to achieve permanency through reunification with parents or through adoption, and that the department had been successful in its goal. “She said something to the effect that people were complaining that children were unsafe,” Scuderi-Hunter testified. “I told her we don’t leave children in unsafe circumstances.” ScuderiHunter said she stated in the meeting that she disagreed with what Pinner was saying. In response to allegations that she had been previously counseled and disciplined, ScuderiHunter testified that she had never been disciplined or counseled in her entire work history. When asked by Miller if the June meetings between Pinner, Molé, Merklen and Sidney Supervisor Gene Pigford were counseling sessions, ScuderiHunter responded, “It was not a counseling session. I think it was a setup.” She admitted that she had friction with Merklen, explaining that Merklen was attempting to direct the work of DSS staff, telling them to make statements that were not their own and imposing her own personal views on the work that her staff was doing, Scuderi-Hunter said. She was blindsided by her suspension, Scuderi-Hunter said. She did not return all countyowned property immediately, she testified, keeping her identification badge and a Surface Pro tablet. The tablet, she said, Continued on page 7
October 30, 2019
Continued from page 6 she used to help prepare for the administrative hearing. She had zero access to any county, state, federal or confidential information previously afforded to her when she was placed on leave on July 9. The remainder of the items she was accused of keeping were returned to Delaware County on July 12, Scuderi-Hunter testified. Her testimony was later corroborated by Pinner when called as a rebuttal witness. The identification badge and tablet were returned during the timeframe of the disciplinary hearing. In corroboration to the testimony given by attorney Victor Carrascoso, Scuderi-Hunter said she never had conversations with him regarding a treatment plan for a child in foster care who was also in detention. He asked her two questions, Scuderi-Hunter said. He asked if the child needed treatment and if a foster home was available, she said. When Merklen testified that Scuderi-Hunter had directed DSS staff not to speak to the legal department, she was lying, Scuderi-Hunter testified. Scuderi-Hunter further testified that she never advanced a position contrary to that of the county. “That is not accurate. I was called to testify, but I wasn’t advancing a position,” ScuderiHunter said of additional allegations made by Merklen against her. When asked by Miller if Scuderi-Hunter would be able to work with Merklen, Scuderi-Hunter responded affirmatively. Scuderi-Hunter said she respects Merklen as county attorney. However, she said, there have been numerous times that Merklen was not representing DSS fully, she said. Merklen’s priority is to represent the county, Scuderi-Hunter said, “But we also deserve fair and honest representation that doesn’t cross boundaries or intimidate staff.”
Rebuttal Witnesses Testify
On Friday, Oct. 25, the final day of testimony, Miller called Tatiana Amadon, DSS senior staffer and director of services, as a rebuttal witness. On one occasion, some time in December 2018, Scuderi-Hunter raised her voice at Amadon during a video call, Amadon testified, after she sent an email to DSS staff announcing the return of an employee to work from an extended leave, asking they provide “goodies” for a celebration. “I felt like I was yelled at for sending an email,” Amadon testified. She felt chastised and demeaned for making a “nice gesture” for someone she had worked with for a long time, Amadon testified. On cross examination by Dunn, Amadon stated that the reason she believed ScuderiHunter was upset over her sending an email was because Scuderi-Hunter thought the email should be sent by her instead.
Post Hearing
Following the close of testimony on Oct. 25, Miller characterized the hearing as a “dog fight.” When asked about former Commissioner of Social Services William Moon’s involvement in the investigation and prosecution of Scuderi-Hunter, Miller responded that not all sources of information are reliable. When asked if he was insinuating that Moon was not a reliable witness, Miller responded, “Did you see Bill Moon as a witness?” Miller said that he has “tried” numerous cases before Riccio and the county selected him as the hearing officer in this matter as a “highly-qualified labor relations professional.” When asked if he wins most of the cases he brings before Riccio, he said he does not characterize an Article 75 Hearing as a win or a loss. However, he said, he has always been satisfied with the outcome of cases heard by Riccio. Pinner stated that though there are established policies to deal with employee complaints, both at the county level and through a union process, that she will continue to have an open-door policy for employees to make complaints about other employees directly to her. Scuderi-Hunter said posthearing that she has served the county, the taxpayers, her employees and clients with honor and integrity. “And I would do it again,” she said. She believes, she said, that most supervisors were not fully informed when they voted in August to formally suspend her. When Riccio makes his recommendation, Dunn said, supervisors who testified in the hearing - Molé and Eisel - should question whether it is appropriate for them to vote on the recommendation about Scuderi-Hunter’s removal from office.
Walton Supervisor Comments On Suspension
Lillian Browne/The Reporter
DSS staffer Tatiana “Tasha” Amadon, a witness for Delaware County, testified voluntarily that Commissioner Dana ScuderiHunter once raised her voice to her after Amadon sent a group email about another employee.
7
The Reporter The employee on leave did not return to work in the department on the date Amadon had announced in the email to DSS staff, she said. Amadon further testified that she observed Scuderi-Hunter, Carrascoso and attorney Lee Hartjen having a conversation in the juvenile room at the courthouse. Though she did not hear what they were discussing, she thought they were making a plan, she testified. Following her testimony, in an interview outside the hearing room, in the parking lot of the Public Safety Complex, Amadon stated that she was not subpoenaed to testify. She also stated that DSS employees have “not really discussed” the case. Molé rushed out of the hearing room, interrupting Amadon’s interview with media, stood in the doorway and loudly directed Amadon, “You don’t have to answer any questions.” Amadon answered a final question, stating that she does not believe county employees are fearful for their jobs given the circumstances surrounding the disciplinary hearing. Pinner was also recalled by Miller and testified that the universal precautions for cleaning bodily fluids are to use one part bleach to 10 parts water to kill blood-borne pathogens. Reading from a photograph of Clorox disinfection wipes that Scuderi-Hunter testified she cleaned blood droplets up with, while wearing barrier gloves, Pinner stated that the Clorox package states that the disinfectant wipes are “bleach-free.” Under cross-examination by Dunn, Pinner admitted that she did not know what any of the ingredients were or whether they were an equivalent to bleach.
Prior to the conclusion of testimony, Walton Supervisor Joe Cetta, who is not a member of the county’s Department of Social Services, Public Safety or Personnel committees, shared his beliefs about the direction of the board of supervisors regarding Scuderi-Hunter’s suspension, in an email with a Walton taxpayer, who was also a subpoenaed witness in the case. The Reporter obtained the email exchange, in which Dan St. Jacques, who signed his email Walton taxpayer and voter, wrote
to Cetta, at his supervisor email account on Oct. 23 at 7:22 p.m. saying: “Mr. Cetta, As more and more facts come to light on the Commissioner and it is apparent that the administrative actions against the Commissioner is a malicious action taken against her. It is time the board calls it quits, begs her forgiveness, sign her back on for 5 years with a raise. And then maybe, just maybe she won’t sue the county. If she sues, it will cost us taxpayers hundreds of thousands of dollars. Most important if the Commissioner is not returned to her job we will have lost one of the most effective, honest and intelligent public servants this county has ever seen.” Dan St. Jacques. Cetta responded to St. Jacques on Oct. 25 at 8:52 a.m., 17-minutes prior to the start of the last day of testimony, saying: “Mr. St. Jacques, I admire your steadfast support for the Commissioner and understand the concern for potential litigation. The board was presented a lengthy report and made a decision to move forward based on the findings in the report. I have not attended any of the proceedings but have discussed it with another Supervisor who was in attendance and believes the accuracy of some of the reporting may be somewhat biased. I do not believe the Board will entertain any discussion on asking forgiveness or offer another term as Commissioner. Regards,” Joseph M. Cetta, Supervisor, Town of Walton. Cetta offered clarification in a telephone interview on Tuesday, Oct. 29. Cetta said that he has not attended any part of the disciplinary hearing, nor has he read any media accounts of the hearing. Instead, Cetta said, he spoke with a supervisor who claimed to have been in attendance at the hearing, and that male supervisor’s belief is that the media reports contain inaccuracies. “I want to make it very clear that it’s not my belief. That’s another supervisor’s opinion who believes that the accuracy of some of the reporting may be biased,” Cetta said. The only male supervisor in attendance at any part of the disciplinary hearing was Jim Eisel, who testified on day one of the hearing. The only other supervisor present for the hearing, for the duration of the hearing, was Tina Molé. When asked if he has knowledge that the board of supervisor will not reappoint ScuderiHunter without knowing what the Hearing Officer’s recommen-
dation is, Cetta replied, “It’s just an assumption based upon what has been going on.” “It would be a large stretch to get a number of supervisors to change their mind after this proceeding,” Cetta continued, speaking to his belief of future decision making. “I just don’t think, in my opinion, the board would entertain asking her to stay on for another term,” he said. He further clarified that the “lengthy report” he referred to in his email exchange with St. Jacques, were the written charges/allegations made against Scuderi-Hunter. Scuderi-Hunter exercised her right to a hearing, Cetta said. “Based upon a vote, and if there is significant discussion in a board meeting, they might change my mind,” he said. “I’m just guessing that the majority of the board will not entertain it,” Cetta said. Cetta said he will make a deci-
sion based upon what he hears from the hearing officer, and all other information provided. His “yes” vote to suspend Scuderi-Hunter was based strictly on the “lengthy report” (allegations/ charges brought by Delaware County against Scuderi-Hunter) provided to all supervisors. Cetta also serves on the county’s Department of Public Works, Community Health and Office of the Aging Committees. He attends all Capital Project Committee meetings, he said, because the new behavior health complex is being constructed in Walton.
What’s Next?
The attorneys must submit written summations to Riccio by Nov. 20, provided that the transcript is produced and provided to each attorney by Nov. 8. Riccio does not have a deadline by which he must render a decision. Scuderi-Hunter’s term which expires January 2020, is irrelevant to his decision, he said.
BOS Meeting... continued from front page receive a free lunch supplied by s local restaurant, haircuts, flu shots, blood pressure readings, and personal care items. Veterans will be able to peruse a selection of military surplus items that will help provide some of their basic needs. The Stand Down is open to homeless and all veterans in need. All services and items are provided free of charge. Veterans should bring a DD214, NYS drivers’ license with VETERAN stamped on it, a VA veteran card, retired veteran ID or a VA health card as proof of veteran status.
Stand Down is a term that originated during wars used to describe the practice of removing combat troops from the field and taking care of their basic needs in a safe area. According to the National Coalition for Homeless Veterans, the Stand Down was “a safe retreat for units returning from combat operations” where troops had access to clean uniforms, warm meals, medical and dental care, mail, and camaraderie, all in a safe environment. The next BOS meeting is Nov. 13 at 1 p.m.
VOTE VOTE For For
RUTH WILHOWSKY WILHOWSKY RUTH For For
Colchester Town Council Colchester Town Council On
On November 5, 2019 (6:00am until 9:00pm)
November 5, 2019 (6:00am until YOU 9:00pm) THE LEADER THAT CARES ABOUT THE LEADER THAT CARES ABOUT YOU
Why Vote for me: & I retired here because we like the rural & friendly feel of this township; we are Why•Vote My forhusband me: committed to this community. • My husband & I retired here because we like the rural & friendly feel of this township; we are • I will listen to all of the people and work with the community together. committed to this community. • I’m a candidate for the people and was responsible for organizing the petition against building a • I willnew listen to all of thewithout peopleprior and taxpayer work with the community together. police building approval. The judge recognized the signatures of the • I’m petitioners a candidate for the people and was responsible for organizing theon petition and this was a “win” regardless of the spin Art Merrill put this thatagainst he won.building The a newsigners police of building without prior taxpayer approval. The judge recognized the signatures of the the petition won! and thissense was leader a “win” of what’s the spin Art Merrill put on this that he won. The • petitioners I am a common whoregardless stands up for right. of the won! • signers Fighting forpetition open government & not having so many closed door meetings; people should know going sense on. leader who stands up for what’s right. • I amwhat’s a common Get more input government from people on important to theclosed community not a select few. should know • • Fighting for open & what’s not having so many door & meetings; people
what’s going on.
My Goals: Get more input from people on what’s important to the community & not a select few. • Need to reign in “out of control” spending on Colchester Police (e.g., recent purchase of a new police car, excess number of Colchester Police Officers plus Sheriff, State & DEC Police for such My Goals:a small town). • • NeedStop to reign in “out of control” spending on Colchester recent purchase of the a new wasteful spending (e.g., do projects right the first timePolice & think(e.g., things through (e.g., hire police car, excess number of Colchester Police Officers plus Sheriff, State & DEC Police for such right people for the job and do permissive referendums when projects warrant it instead of wasting a small town). taxpayer monies). • • StopAddress wasteful spending (e.g., do projects firstfixtime think repair thingsbroken through (e.g., hire the topics that are important to theright peoplethe (e.g., town&water; water meters fire hydrants, etc.). right&people for thesidewalks, job and do permissive referendums when projects warrant it instead of wasting • taxpayer Plan now for new future town hall/police building (e.g., one building centrally located in town so it monies). is “visible” everyone includingto visitors). Above all, fix gettown input water; from therepair peoplebroken on this water by doing a • Address topics to that are important the people (e.g., meters permissive referendum and stop playing games. & fire hydrants, sidewalks, etc.). 5-year spending plan for Colchester Township (with input from the people) & stop • • PlanInstitute/adopt now for new afuture town hall/police building (e.g., one building centrally located in town so it “flying by the seat of your pants” mode of operation.
•
•
is “visible” to everyone including visitors). Above all, get input from the people on this by doing a permissive referendum and stop playing games. Institute/adopt a 5-year spending plan Colchester Township (with input from the people) & stop ~Paidfor Policital Advertisement~ “flying by the seat of your pants” mode of operation.
8
October 30, 2019
The Reporter
Scarecrow Making Fun
Rosie Cunningham/The Reporter
Keegan Dorosky of Bloomville was all smiles on Court House Square in Delhi Saturday morning.
Rosie Cunningham/The Reporter
Rylee Dorosky, a South Kortright Central School student enjoyed making scarecrows with SUNY Delhi students on Friday.
DCHA Annual Meeting Nov. 3 The annual meeting of the Delaware County Historical Association (DCHA) will be held Sunday, Nov. 3. A pot luck luncheon buffet will begin at 1 p.m. in the large gallery at DCHA for members and guests. DCHA’s annual Awards of Merit will be given to individuals
who have volunteered their time and skills to preserve and/or present the history of Delaware County. A short business meeting will follow the presentation. The public is also invited come at 2:45 p.m. to hear historian and author Bill Birns give a presenta-
tion about Congressman (1921– 1933) John D. Clarke of Delaware County. There is no charge to attend any portion of the meeting and the public is invited. For more information call or email 607-7463849, dcha@delhi.net.
Holiday Pop-Up Market Country Music Live In Hobart at Ogden Library
The Heart of the Catskills Humane Society will host its first holiday pop-up market in Hobart on Saturday, Nov. 9 from 11 a.m. and 3 p.m. (weather date is Nov. 16), 60155 State Hwy 10, Hobart, on the corner of Route 10 and Gun House Hill Road. Holiday and non-holiday items will be for sale from local crafters and purveyors, Gifts
from the Heart store items, artisanal food items, free soups, chili, coffee, and desserts, a free gift, and a quilt raffle. Adoptable pets will also be on-site with half off adoption fees on animals put on hold at the event. For more information visit www.heartofthecatskills.org or call 607-746-3080.
Roxbury Arts Group to Host Cocktails for Culture Benefit
The Roxbury Arts Group will celebrate its 40th anniversary with a Cocktails for Culture benefit at Villa Sposa, 234 Scudder Hill Road, Roxbury, Saturday, Nov. 2 from 4 to 7 p.m. Cocktails for Culture will feature a light tapas dinner, signature cocktails, and a silent auc-
tion ensuring that guests will have the opportunity to continue to pamper themselves after the party is over. Tickets are $75, are limited and can be reserved by visiting www. roxburyartsgroup.org or calling 607-326-7908.
The William B. Ogden Library, 42 Gardiner Place, Walton, will show an introduction to the PBS Country Music: A Film by Ken Burns series Wednesday, Nov. 6 at 6 p.m. The event will involve: a screening, live music by area musicians and a time of discussion. The engagement will provide an overview of the entire Country Music series from introduction with artists contemplating what is country music through a series of segments featuring stories about Hank Williams, Patsy Cline, Loretta Lynn, Vince Gill and more.
Answers From Preceding Week
Answers From October 16th
SINCE 1966
Subscribe today. Call The Reporter. 607-464-4009.
1. Flat-topped hill 5. Fire usually accompanies it 10. Talked 12. Skillset 14. Unembarrassed 16. Where teens spend their days 18. Boxing’s GOAT 19. Used to anoint 20. Rust fungi 22. Panthers’ signal caller 23. Forests have lots of them 25. Lentils 26. One’s self-esteem 27. Where you entered the world (abbr.) 28. High school test 30. Large, flightless bird 31. Expectorated 33. Some practice it 35. Prickly shrub
37. French river 38. Told on 40. Steep hillside 41. Peyton’s little brother 42. Soviet Socialist Republic 44. Welsh river 45. Witness 48. Brews 50. Orange-brown 52. Separates DNA and RNA 53. Mexican agave 55. Self-contained aircraft unit 56. Encourage 57. Atomic #52 (abbr.) 58. About latitude 63. Trivial gadget 65. Film a scene again 66. Small blisters 67. Dark brown
1. Advanced degree 29. Weepy 2. Goes with flow 32. It might be on the back 3. The Caspian is one 34. Spy organization 4. Accumulate on the surface of 35. Female body part 5. Vascular systems or plants 36. Came back from behind 6. A popular kids magazine 39. Fall back or spring forward 7. __ podrida: spicy Spanish stew 40. Famed traveling journalist 8. Vandalized a car 43. Where the current is fast 9. Prefix meaning “within” 44. Withstand 10. Soviet labor camp system 46. A Philly football player 11. Strong hostilities 47. Records brain activity 13. B complex vitamin 49. Aromatic powder 15. Go quickly 51. Circular panpipe 17. Toast 54. Ship as cargo 18. A team’s best pitcher 59. Bar bill 21. A Philly culinary special 60. Adult female 23. Small child 61. OJ trial judge 24. Unhappy 62. One’s grandmother 27. Trims by cutting 64. Hot, massive star
Solution to last week’s puzzle appears on page 8
October 30, 2019
9
THE REPORTER
Bovina Historian To Sign Copies Of New Book Bovina Town Historian Ray LaFever will sign copies of his recent release of “The History of the Town of Bovina, Delaware County, New York,” at Home Goods of Margaretville on Saturday, Nov. 2 from 11 a.m.-2 p.m. While remembering the town’s distant and not so distant past and its traditions, the book also talks of the town’s changing present and its hopeful future. LaFe-
ver explored Bovina’s early and later settlers, how they made their livelihoods, educated their children and entertained themselves. He also wrote about how Bovina’s citizens contributed time and effort to their local community as well as to their country in time of war. Copies of the book will be for sale at the signing and refreshments will be available.
Celebrate the Season Bazaar In Sidney Contributed Photo
Ric Chrislip
Lute Recital At St. James Church Lake Delaware
A recital featuring vocal and lute music from around the year 1600 will be presented at Saint James Church Lake Delaware, 55 Lake Delaware Drive, Delhi, on Saturday, Nov. 2 at 7 p.m. Fredric Ric Chrislip, tenor and lutenist, will be the featured performer and will offer up a mix
of both secular and sacred songs. A dessert buffet in the church’s parish hall will round out the evening, for a suggested donation of $10. Call 607-832-4401 or email saintjames@delhitel.net for further information, or visit www. saintjamesld.org.
Dinner And a Show in Roscoe The Roscoe Theatre Group will present “You Can’t Be Too Careful” Nov. 2, doors open at 5:30 p.m. with appetizers at 6 p.m., and Nov. 3, doors open at 1:30 p.m. and appetizers begin at 2 p.m., at the Tennanah Lakes
Wolff ’s 1910 Restaurant in Roscoe. The show is a comedy about four retired ladies who are interrupted during a bridge club by a pair of bank robbers looking for a place to hide. Proceeds benefit
the Roscoe Kiwanis Club. Tickets are $35 for adults, $15 for children 12 and under and include dinner and the show. Call Lilly at 607-498-5363 or Marge at 607-498-5464 for information.
Sidney Library Announces November Events The Sidney Memorial Public Library, 8 River Street, Sidney, has announced the following November events: Sunday, Nov. 3, 1-3 p.m. – Learn to Knit: In this beginner level knitting class, students will learn to start and knit a dish towel. The class will cover casting on, how to knit and how to purl; $15 supply fee due at sign-up at the circulation desk. Class size is limited to 12 people. Thursday, Nov. 7, 9:30-11 a.m. Genealogy Hounds: Come to the library and spend time looking up family records on the library edition of Ancestry.com. The Hounds meet every first Thursday of the month. Thursday, Nov. 7, and Saturday, Nov. 16, 10 a.m.-noon – Friends of the Libraries Books a la carte book sale. Saturday, Nov. 9, 10 a.m.-1 p.m. – Winter Holiday Wreath Workshop: Create a one of a kind holiday wreath with instructor Pat Cristelli, of Sidney Flowers & Gifts, using silk flowers, ribbons, and ornaments. A wide selection of ribbons and accessories will be available. All skill levels are welcome. There is a $10 materials fee, due upon sign up at the library circulation desk. Class size is limited and pre-registration is required. Tuesday, Nov. 12, 11:30 a.m.1:30 p.m. – Friends of the Libraries Book Discussion Group in the Smart Community Room. New members welcome. November’s selection is “Big Little Lies” by Liane Moriarty. Books can be requested online, by calling the library or at the circulation desk. Wednesday, Nov. 13, 6 p.m.8 p.m. – Movie Night for Adults: Baby Boom - free and open to the public.
Walton theatre
NOVEMBER 1, 2, 3 & 6
ZOMBIELAND 2: DOUBLE TAP -RFridAy - 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
Saturday, Nov. 16, Paint Like Bob Ross! 10 a.m.-1 p.m. People 18 and older will paint along as they watch the Joy of Painting with Bob Ross. A $10 registration fee covers supplies, including canvases, paints and brushes. This fee is due upon registration at the circulation desk; class is limited to 12 spaces. Saturday, Nov. 16, 1-2:30 p.m. – Saturday Book Club for Adults. November’s book choice is “A Brave New World” by Aldous Huxley. Copies are available online or at the circulation desk. Sunday, Nov. 24, 1:30-3:30 p.m., Friends of the Libraries
Movie: Breakthrough. This event is free and open to the public. Popcorn and water are available. The movie is rated PG. Saturday, Nov. 30, 10-11 a.m. - DanceFit. Paula from Paula’s Body Shoppe will offer a free class to explore a different way of working out. Participants will do some DanceFit and some stationed activities. Wear comfortable clothing and sneakers. Nov. 2-30 - Smart Community Room exhibiting artist: Mark Picone. For more information, visit www.sidneylibrary.org or search the library on Facebook.
In Celebration of the 100th Anniversary of
THE AMERICAN LEGION
Walton Post 32 is offering FREE 2020 Membership To Honorably Discharged Veterans. This FREE offer is for NEW members ONLY and is good until Veteran’s Day, Nov. 11, 2019. Post dues are normally $45.00 per year.
Walton Post meetings are held the third Tuesday of each month at 10 Park St., Walton (Veteran’s Club). A free dinner is provided for members attending at 6pm, followed by the regular meeting. For membership information, please contact: Len Rutherford, Post Commander, 607-865-4747 or Dave Carroll, Membership Chairman, 607-865-6442
Heart of the Catskills Humane Societyy
Holiday Pop-Up Market and Adoption Event Saturday, November 9, @ 11:00 am to 3:00 pm 60155 State Highway 10, Hobart, New York Corner of Gun House Hill Road
Crafters Gifts From the Heart Store Items Artisan Food / Free Soups, Chilis, Coffee and Desserts / Free Gift 1/2 Price Adoption Fees For more information: 607-746-3080 *Weather Date November 16 6, 11:00am to 3:00pm GPS on some phones won’t take you to this address
The Sidney United Methodist Women will hold their annual Celebrate The Season bazaar at the church, 12 Liberty Street, Sidney, Friday. Nov. 8, 9 a.m.-3 p.m., and Saturday. Nov. 9, 9 a.m.noon. Thanksgiving, Christmas and New Year’s crafts, decorations and other holiday themed items, baked goods, nature related (fruit, vegetables, plants and wooden objects), children’s books, toys and games, attic treasures and needlework will be
available for sale. Friday will feature a luncheon of soups, sandwiches, pies and beverages from 11:30 a.m. to 1:30 p.m. Saturday a pancake breakfast will also include sausage, homemade applesauce and beverages. Funds raised will go to maintain the church kitchen and to support the local, conference and global mission outreach of the United Methodist Church and other local charities.
Tole Painting Workshop At Ogden Library There will be a tole painting workshop Saturday, Nov. 9 or 16 from 10:30 a.m. to 1:30 p.m. at the William B. Ogden Free Library, 42 Gardiner Place, Walton. Tole painting is the folk art of decorative painting on tin and wooden utensils, objects and furniture. Deb Corcoran of Delhi will teach participants how to paint a winter snowman scene on a wooden plaque. Each work-
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.
shop is limited to six students. Reservations are required and must be secured with a $10 deposit, refundable when students attend the class. Participants are encouraged to bring a smock and an old toothbrush. To sign up, call 607-865-5929.
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
10
October 30, 2019
THE REPORTER
Walton Kids Eat Up ‘Big Apple Crunch’ Challenge By Patty Wood
Patty Wood/The Reporter
Ms. Bayne’s third grade class seem happy with their assignment. From left to right are Kendyll McDonald, Kalea Boulanger, Owen Hodges, Kayleigh Ostrander, Richelle Wood, Jaxon Hitt, Avelyn White, Mitchell Johnson, Colton Walley, Mason Finch, Jacob Doig, Carson Armstrong, Mark Garde, Darrius Lindsay, Lane Nichols and Landen Reed.
Walton’s Townsend School participated in a state-wide challenge called “The Big Apple Crunch” last Friday, Oct. 25. Each class was provided with a “class set” of pre-washed, bagged apples to use at its discretion. Some of the classes made applesauce, apple crisp, or just had a crisp, healthy apple snack that day.
Parent-Teacher Conference Day Scheduled In Stamford Stamford Central School will hold a parent/teacher conference day on Nov. 22. Appointments will start at 8 a.m. Parents of elementary students have been assigned a specific time to meet with their child’s teacher. Parents of junior high and senior high school students should call the guidance office for an appointment to meet with teachers. The guidance office phone number is 652-7661.
Veterans Day Ceremony At DCS Downsville Central School (DCS) will host its second annual Veterans Day ceremony at the DCS gymnasium on Friday, Nov. 8, at 1:45 p.m. Veterans and community
members welcome. Performances by the DCS music department, a guest speaker, and refreshments for Veterans and guests following the ceremony and performances.
The George Mack Middle School Middle health and home economics classes also enjoyed apples from the program. The Foods 1 class baked apples and apple crisp, and the health classes enjoyed them “straight up.” The purpose was to promote agriculture in New York state and bring awareness to locally grown food. The success of the event can be seen in the students’ “apple smiles.”
Stamford CS To Host Veterans Day Assembly The students at Stamford Central School invite the public to a Veterans Day assembly at the Stamford Central School auditorium, 1 River Street, Stamford, on Friday, Nov. 8 at 9:30 a.m. RSVP by Nov. 6 to Mrs. Eklund, 607-652-7301, extension 206 or email meklund@stamfordcs.org. Refreshments will be served after the assembly.
SUNY Delhi Announces Transfer Agreement With Westchester Community College Rosie Cunningham/The Reporter
Parker Popp, sixth grade student at South Kortright Central School, extracted honey last week during a hands-on program.
SKCS Students Making ‘Ramlicious’ Honey By Rosie Cunningham SOUTH KORTRIGHT - That’s a wrap for honey extracting at South Kortright Central School. According to fifth and sixth grade teacher Bill Parker, who also teaches Agricultural Science, about 40 students helped create ”Ramlicious” honey. “The kids take care of the hives and extract the honey,” he said. “This year, we did about 120 pounds.” The students event took part in the harvest breakfast at SKCS, providing samples to those in attendance. “It’s a great program because they have no idea how it is done,”
WCSD BoE To Meet The next meeting of the Walton Central School District Board of Education will be held on Tuesday, Nov. 5, at 6 p.m. in the board of education room at O’Neill High School.
he said. He added that it is “educational” for the kids to get an understanding of bees. “People think it is bees that sting, but most of the time, it is a wasp or a hornet,” said Parker. Parker personally has his own hives on his Horton Hill Farm in Jefferson where he raises his own animals for consumption. This season he processed 160-170 pounds. “I enjoy it,” he said. “It goes together with our farm when it comes to pollination and the ecosystem.” Ramlicious can be purchased at SKCS for $10 for a pound and a half of sweet honey.
College News
Alexander Taylor, Delhi, was one of several Elmira College students participating in the Term I Student Art Show, displayed in the George Waters Art Gallery on the EC campus.
SUNY Delhi has signed a comprehensive new transfer agreement with Westchester Community College, guaranteeing students who complete one of 19 associate degrees at Westchester a seamless transfer into one of 13 corresponding bachelor programs at SUNY Delhi. With this agreement, Westchester Community College students graduating from an associate program with a minimum of 2.0 grade point average will be directly admitted into a bachelor program at SUNY Delhi. SUNY Delhi’s nursing program requires a 2.8 GPA or higher and the veterinary tech-
nology program requires a 3.0 GPA or higher. A maximum of 64 credits will be applied toward the completion of the bachelor program at SUNY Delhi. To encourage students to take advantage of the new partnership, SUNY Delhi will award two onetime $1,000 SUNY Delhi/Westchester Community College Pathways Transfer Scholarships to a student who resides on campus and a student enrolled in an online program. The scholarships require each student to maintain full-time student status with a cumulative GPA of 3.0.
First Marking Period Honor Rolls Released From WCSD The administration at Walton Central School District’s O’Neill High School has announced its first marking period honor rolls for the 2019-2020 school year. Students on the superintendent’s list achieve averages of 95-100%. They include: Grade 12: Noah Aubin, Kathlyn Bakker, Treasure Brooker, Noah Condon, Morgan Condon, Kailynn Drumm, Brooke Gerace, Tianna Gladstone, Christina Goodrich, Dylan Jacob, Max Jacobs, Stephanie Kole, Nicholas Lamoreaux, Mara Little, Brenden McCormack, Kaleb Miller, Cody Ray, Emily Richards, Michelle Ritter, Ty Robinson, Mallory Sprague, Hannah Talbot, Jewel Twyman, Isaac Vesterfelt, Kyle Wright. Grade 11: Ellissa Beach, William Buckley, Allison Charles, Sarah Gladstone, Emma Harby, Paige Hitt, Jubilee Klimas, Antonia McCormack, Evan Miller, Celestine Mingle, Katelynn Ostrander, Kaleb Sovocool, Layla Sprague, Sierra Tweedie, Kora Young. Grade 10: Brieanne Babcock, Faith Bakker, Katelynn Brooks, Garrett Day, Jorge DelPino, Keilie Dones, Indianna Fox, Blaine Klinger, Molly McClenon, Alexis OConnor, Aaliyah Otto, Sophia Piro, Christina Ritter, Alyssa Sarrantonio, Sariah Vesterfelt, Sarah Wickham, Emma Yakalis. Grade 9: Heidi Decker, Breyen
Kilmurray, Caden LeBarge, Meyer Little, Makara MacGibbon, Gianni Marano, Daxtin Nichols, Elizabeth Richards, Noah Sovocool, Rachel Trimbell. Principal’s list students attain grades between 90-94% and include: Grade 12: Madison Barnes, Kali Bosket, Alex Brooker, Carmella Cioffi, McKenzie Clough, Camie Edwards, Chelsea Finch, Garett Foster, Hailey Gardner, Ryan Hanley, Arriana McClenon, Roy Medina, Skylar Pesout, Ethan Sikorski, Luisa Siniscalchi, Dalton Stone, Emma Walley, Lucas Walley, MaKayla Whiteside, Kennedy Williams. Grade 11: Brynne Backus, Damian Backus, Jordan Blincoe, Anthony Cetta, Jonathan Conrow, Matthew Decker, McKenzie Fitch, Riley Gancio, Aryanna Gutierrez, Karissa Hawk, Jacob Hollander, Cael Howland, Ty Lambrecht, Rylee MacDonald, Kandra McGraw, Courtney Russell, Danielle Sebastian, Dominick Siniscalchi, Kaelan Smith. Grade 10: Chyler Barnes, Xander Davies, Annaliese DelBalso, Madison Greene, Jeremiah Harrington, Anthonie Mirabal, Deacon Phoenix, Ceara Robinson, Lucas Robinson, Madison Serra. Grade 9: Logan Aubin, Charlotte Bayne, Abigail DelBalso, Nisha Desai, Graydon Dutcher, Laci Frank, Hazzie Halstead, Saman-
tha MacDonald, Jayven Mason, Anthony McClenon, Landon McEntee, Havyn Merwin, Abigail Seguare, Peyton Tweedie. These students achieved averages between 85 and 89%, earning them placement on the honor roll. Grade 12: William Ackerman, Amanda Campbell, Elias Caprio, Brennan Decker, Ashleigh DeGraw, Alison Halstead, Jamie Klein, Ethan McNamara, Jessica Vega-Medina, Taneka Wayman, Natalie Wright. Grade 11: Garrett Babcock, Savanna Backus, Aron Burr, Emmalee Caprio, Abigail Closs, Anthony Conway, Arrisa Cucciarre, Lauren Frank, John Garcia, Gage Lambert, Colin Lynch, Cody Merwin, Grace Rhinehart, Kaylieb Stanton, Jonathan Stone, Carson Watkins, Seth Wormuth. Grade 10: Kevin Bockus, Chad Fleischman, Deacon Gardner, Corryn Griffin, Emma Hall, Celeste Tracey, Meadow Wood, Jillian Wright. Grade 9: Paul Aitken-Morse, David Brooks, Tyler Brown, Owen Clough, Jacqlyn Gransbury, Bryce Hobbie, Alexzander Houck, Kerenna Jacobs, Chloe Madrigal, Autumn Mattice, Kendra Murph, Ava Pieper, Abigail Pierce, Madison Reed, Benjermyn Sanford, Gabriella Shelton, Kaitlyn Wood.
October 30, 2019
Sports Reporter The Reporter
11
Walton Football Cruises To Sectional Victory Over Unatego/Franklin By Rosie Cunningham
Walton football defeated Unatego/Franklin 55-22 on Saturday, Oct. 25. Quarterback Dylan Jacob threw for four touchdowns and more than 200 yards and teammate Morgan Condon hauled in three touchdowns, getting 148 receiving yards. Cody Ray contributed a touchdown and Kyle Wright, Deacon Phoenix and Skylar Pesout each rushed for a touchdown apiece in the victory. “We played well overall,” said Walton Coach Adam Hoover. “Jumping out to a 40-6 lead in the first half is always nice and allowed our seniors to have memorable last home game.
Other than allowing a 90yard touchdown run early on, our defense made Unatego work for everything they got.” Hoover discussed who the defensive standouts were for the day. “Our linebackers, Nick Lamoreaux and Garret Johnson, played well on defense,” he said. “Our defensive line got off the ball well all day and put pressure on the Unatego offensive line.” Walton will face Greene in the Section IV Class-D semi’s on Saturday. “From here on out it is one and done,” said coach Hoover. “We have to keep doing well what we’ve been doing well and keep improv-
Benjamin Patton/The Reporter
Walton’s Kyle Wright crosses the goal-line for a touchdown during his team’s 55-22 win over Unatego/ Franklin on Saturday.
Walton Football... continued on page 12
Benjamin Patton/The Reporter
Walton’s Ibn Abdallah carries the ball during his team’s Saturday win over Unatego/Franklin on Saturday.
Benjamin Patton/The Reporter
Walton’s Dylan Jacob rushes to score a two point conversion during his team’s win over Unatego/Franklin on Saturday.
Bulldogs Down Bainbridge-Guilford On the Football Field By Rosie Cunningham
DELHI - Delaware Academy defeated BainbridgeGuilford 41-21 in football action Saturday. Warren Pardee scored three rushing touchdowns in the first quarter to lead he Bulldogs. According to assistant coach Shawn Neumann, Pardee also had 11 caries and went for 102 yards. “Overall as a team, we played very well,” he said.
“Once again, on offense we were led by our offensive line, and Warren Pardee was the main beneficiary. Alex Haight had three carries for 21 yards, Ryan Wilson had eight carries for 22 yards, Jake Pitcher had five carries for 15 yards, Brody Silcox had one carry for 61 yards and a touchdown, and Tom Ruchar had three carries for 13 yards.” Griswold was six for seven passing the ball for 131 yards and two touchdowns. Ty-
Benjamin Patton/The Reporter
Delhi’s Warren Pardee tackles Bainbridge-Guilford’s Gabe Sherman during Delhi’s 41-21 win on Saturday.
ler Bruce and Logan Aikens caught the two touchdowns from Griswold. Bruce caught two passes for 26 yards and a touchdown, Alex Haight caught two passes for 32 yards, Logan Aikens caught one pass for 64 yards and a touchdown, and Hunter Sanford caught one pass for nine yards. “On defense, we were led by Jake Pitcher,” said Neumann. “Jake had 14 tackles, and a fumble recovery. Warren Pardee, Ryan Wilson, Preston Vanwie, Richie LaLosh, and Sinas Bouzikos also had very good games on defense.” B a i n b r i d g e - G u i l f o r d ’s Ethan Beams carried the ball 12 times for 131 yards and scored two rushing touchBenjamin Patton/The Reporter
Delhi’s Hunter Sanford tackles Bainbridge-Guilford’s Parker Finch during their game Saturday.
Delhi Football... continued on page 12
Benjamin Patton/The Reporter
Delhi’s Kolby Polomcean attempts to tackle Bainbridge-Guilford’s Parker Finch during their game Saturday.
12
Walton Football...
Athlete of the Week
continued from page 15
ing on the areas where we are weaker. Greene is a much different team from the team we played week two - they are healthier, have some of their better players back and have gotten better as the sea-
son has progressed. We are going to need to play well in all three facets of the game, offense, defense and special teams if we are going to continue our season.”
Benjamin Patton/The Reporter
From left, Walton’s Max Jacobs, Nick Lamoreaux, and Skylar Pesout celebrate after Lamoreaux’s successful drop kick extra point conversion during Walton’s 5522 win on Saturday.
Sports Slates Cross Country
Benjamin Patton/The Reporter
Walton’s Max Jacobs attempts to tackle Unatego/Franklin’s David Fletcher during their game on Saturday.
Delhi Football... continued from page 15
downs. B-G also tallied a 16yard touchdown reception in the first quarter from Gabe Sherman on a throw from Haiden Burns. Burns completed six of his 14 passes for 43 yards for the Bobcats. Delhi (6-2), faces Tioga at Johnson City at 3 p.m. Saturday, Nov. 2 in the semifinals
of the Section IV Class D section tournament. “For our upcoming game against Tioga we need to do a good job matching their physicality,” said Neumann. “Their line is very physical, and their backs run very hard. This is going to be a big challenge for us.”
October 30, 2019
The Reporter
Wednesday: MAC Championship at Unatego. Next Wednesday: Section IX Championship.
Field Hockey Saturday: Section IV Championship at Vestal. Football
Saturday: Walton vs. Greene at noon and Tioga vs. Delaware Academy at 3 p.m. in Johnson City.
Boys Soccer
Wednesday: DA vs. Lansing at Tompkins Cortland Community College (TC3); Margaretville vs. Marathon and South Kortright vs. Cherry Valley Springfield at Wright Soccer Field in Oneonta. Saturday: Section IV Championship at Oneonta. Tuesday & Next Wednesday: Regionals.
Girls Soccer
Saturday: Section IV Class C Championship in Norwich. Tuesday & Next Wednesday: Regionals.
Volleyball
Saturday: Round Robin Play.
Benjamin Patton/The Reporter
Delhi’s Warren Pardee rushes for a touchdown during the first half of his team’s win over BainbridgeGuilford on Saturday.
Downsville’s Olivia Brunner is a standout between the posts for the Eagles, however, she is also a knockout on offense when needed. Downsville Coach Burt Reed made a calculated move in bringing Brunner out of the goal late in the game and it paid off as she scored the equalizer with just over a minute left to play. The girls ultimately fell after four overtimes and penalty kicks to the Schenevus squad (Brunner had 11 saves in goal). In the last game of the regular season for the Eagles, Brunner came out of the goal and tallied a hat trick for the win. She also tallied 14 saves and an assist in a win
Olivia Brunner over Franklin. The junior plays both ends of the field and Reed couldn’t be more proud. “I have never seen this from a goalie in my 17 years of coaching,” he said.
Downsville Girls Falls In Sectional Nail Biter By Rosie Cunningham DOWNSVILLE - Schenevus (No. 1 seed) edged past Downsville (No. 8) 2-1 to advance to the semifinal round. Dragon Shawna Whiteman scored in the second half for a 1-0 lead. But Eagle keeper Olivia Brunner came out of the goal and scored with just over a minute left in regulation. “With the way we played, having Zelda attack (Adams) by herself she was outstanding throughout the game being dangerous and almost scoring a couple time late in the first half,” said Eagle Coach Burt Reed. “Obviously Olivia made a big difference coming out of the goal and playing alongside Zelda and finishing on the keeper’s mistake with one minute left in the game.” Four overtime periods ensued but neither squad could finish. It came down to penalty kicks and the Dragons found the back of the net three times while Downsville only tallied one courtesy of McKenzy Brown. “Overall I felt that the girls played as well as I could of asked. We implemented a strategy that took a lot of focus and discipline to run the last two games. We suffered a couple major injuries late in the season to key players Zelda and Alisha (Trauschold). When this occurred we had to move people around and sacrifice a lot of our offensive fire power. I had to move Kailee (Young) to stop-
per and play a hurt Zelda as the lone striker. In the Schenevus game, it was a great team effort and the fatigue and energy it took to play at that level for 110 minutes was draining on the girls’ legs. It was very unfortunate to not advance via PKs, but with the mounting injuries, I couldn’t be prouder of how they battled Friday,” said Reed. “Defensively, the strategy we used relied on everyone keeping our shape and staying in their zones. I felt that Kailee, Kerry, McKenzy and Kianha were outstanding in the middle of the field forcing everything wide. Olivia was fantastic in the goal making numerous big saves as well along the way.” Brunner had 12 saves between the posts for the Eagles in the loss which concluded Downsville’s season. “As a whole, the season was a pleasant surprise,” said Reed. “We had 14 first year players to go with the core four of Alisha, Kailee, Olivia and Zelda. Their leadership and understanding of what needed to get done was instrumental in our success. They had to be patient with the young players and help them gain knowledge as the season went on. We started out 1-3 and we could of taken a downward spiral but we worked hard and believed in each other and finished 11-5-1.” The Dragons played No. 5 Marathon on Tuesday, Oct. 29, at Wright National Soccer Campus.
Impact Of Tackle Football On Youth To Be Evaluated
New York state Assembly Health Committee Chair Richard Gottfried will take testimony to examine impacts of tackle football on youth and evaluate the impact of a prohibition of tackle football for children aged 12 and younger. Concerns have been raised regarding the impact of long-
term memory and cogitative problems among children who play tackle football before the age of 12. This hearing will examine the potential benefits and consequences that could arise if a ban on organized youth tackle football for children age 12 and younger was implemented.
Rosie’s Rounds By Rosie Cunningham
Congrats to the BainbridgeGuilford girls volleyball team who won 3-0 over Walton to clinch the Mid-state Athletic Championship game. Also, in Delaware League girls soccer action, Oct. 25 games played by Margaretville, Downsville and Roxbury were nail biters. Hats off to the respective squads for playing their hearts out. The Section IV Class-D semifinals, will be played on Nov. 2 at Johnson City High School. The match between Greene and Walton will begin at noon and the Delaware Academy boys will take the field against Tioga at 3 p.m.
The South Kortright Central School boys will face Cherry Valley-Springfield in the semis at 3 p.m. and Margaretville boys will play Marathon at the Wright National Soccer Campus on Oct. 30. That same day Delaware Academy boys soccer will play Lansing at 3:30 p.m. at Tompkins Cortland Community College in Dryden. All three teams will need to bring their A games to make it to the next round. Hunting season is upon us, please submit photos of your harvests to r.cunningham@ the-reporter.net or 607-3868639. The hunting edition will be out Wednesday, Nov. 13.
October 30, 2019
13
The Reporter
SK Boys Soccer Clinch Win Over Schenevus In Sectional Tournament By Rosie Cunningham
SOUTH KORTRIGHT - South Kortright (No. 2) cruised to a 5-0 victory over Schenevus Saturday in the quarterfinal round of the Section IV Class D section tournament. Stanley Andersen notched a hat trick over the No. 7 seed. SK outshot the Dragons 20-4. Charlie Kuhn had a pair of assists, and Mike Stiber and Seth Ashline also tallied assists. Quinlan Davis, Matt Fronkowiak and Chris Champlain scored for the Rams in the win.
“I thought we played a good game, especially in the second half,” said SK Coach Bob VanValkenburgh. “Stanley Andersen and Quinlan Davis were around the ball all day and defensively, the whole group played solid.” Schenevus goalie Ethan LaPre finished with 16 saves. “He made some great one-onone stops throughout the game,” credited VanValkenburgh. South Kortright advances to the semifinal round and will face Cherry Valley-Springfield at the Wright National Soccer Campus at 3:15 p.m. Wednesday, Oct. 30. “Moving ahead, we know each
game could be the last and we need to be prepared,” said VanValkenburgh. Cherry Valley-Springfield 3, CV 1 Cherry Valley-Springfield downed Charlotte Valley in a quarterfinal round contest of the Section IV Class D section tournament. The Wildcats’ only goal came from Joey Ontl who found the back of the net off of a pass from Dylan Hendrickson. Cherry Valley-Springfield outshot the Wildcats 21-4. CV keeper Ryan Zuill made 13 saves.
Rosie Cunningham/The Reporter
South Kortright’s Quinlan Davis looks to get one by Dragon Ethan LaPre.
Rosie Cunningham/The Reporter
Ram Joe Krupa looks to score in a victory over Schenvus in the quarterfinals. Rosie Cunningham/The Reporter
Rosie Cunningham/The Reporter
Schenevus keeper Ethan LaPre goes up against South Kortright’s Joe Krupa in a sectional match.
Lone Goal Lifts DA Soccer To Next Round In Sectional Tournament By Rosie Cunningham
Delhi’s Zack Finch plays the ball during his team’s game on Saturday.
Benjamin Patton/The Reporter
DELHI – Delaware Academy scored the only goal of the game to lift the Bulldogs to a 1-0 win over Unadilla Valley on Saturday, Oct. 26, in the quarterfinal round of the Section IV Class C tournament. About 20 minutes into the first half, Preston Post sent a cross in front of the goal and Cristian Imperi made a sliding shot which found the back of the net. This season DA coach Eddie Kingston has credited Imperi for being a player you want on
your side during close games. As a whole on the defensive side, the squad collaborated for the a team effort and keeper Logan Bryan had a nice game in goal. Unadilla Valley only had four shots on goal in the contest, while DA tallied six. The DA coach said the Bulldogs and Storm tied, 4-4, in a double overtime match-up earlier in the season and also took home a win in another meeting. The Bulldogs will travel to top-seeded Lansing in a semifinal game on Wednesday, Oct. 30.
Benjamin Patton/The Reporter
Delhi’s Preston Post takes a shot on Unadilla Valley goalie Brandon Kneale during Delhi’s 1-0 Section IV Class C playoff win on Saturday.
DELHI SPORTERRIFLES RESULTS
607-464-4009 or
The Delhi Sporterrifle had a bye week for its fifth match of the season and scored 1,360 points. Top shooters were Mabel Gutliph 293, Kevin Gutliph 276, Kristy Fitch 270, Bryan Fitch Jr. 263 and MJ Coloney 258. Also shooting were Roland Groppe, Sarah Keehr, Sharon LaPierre and Seth LaPierre. For the Delhi Juniors, Garrett Fitch shot a 277 and Kara Fitch 234.
Benjamin Patton/The Reporter
Delhi’s Christian Imperi and Unadilla Valley’s Danny Anderson go for the ball during Delhi’s 1-0 win on Saturday.
33 West Street, Walton, NY 13856
* CanAm/Spyder (607) 865-6326 * Ski Doo * Kawasaki Repairs & Inspections on all makes/models * Kymco New Hours: Mon-Thur, 9am - 5:30pm; * CF Moto Fri, 9am - 5pm; Sat, 9am - 4pm * Trailers Visit Us At: www.klingerpowersports.com
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October 30, 2019
The Reporter
Celebrate Bat Week By Forested Protecting Local Bats Ecosystems Talk in Oneonta
In observance of Bat Week, which is observed through Oct. 31, New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos urged outdoor adventurers to avoid cave and mine sites that may serve as seasonal homes for hibernating bats. Human disturbance is especially harmful to the state’s bat populations since the arrival of the disease known as white-nose syndrome, a fungus that has killed more than 90 percent of bats at hibernation sites in New York due to how closely bats congregate in caves during winter months. Two species of bats are currently protected under federal and state endangered species law. The Indiana bat, which is sparsely distributed across New York, is a federally endangered bat listed before white-nose syndrome began affecting bat populations. The northern long-eared bat is protected as a threatened species under federal and New York State Endangered Species law. The current population for this formerly common bat is approximately one percent of its previous size, making the species the most severely affected by white-nose syndrome. Nonetheless, northern long-eared
bats are still widely distributed in New York. Their presence has been documented in most of the 100 or so caves and mines that serve as bat hibernation sites in the state. Anyone entering a northern long-eared bat hibernation site from Oct. 1 through April 30, the typical hibernation period for bats, may be subject to prosecution. There is currently no treatment for bats suffering from whitenose syndrome. Along with the New York State Department of Health, DEC is partnering with researchers from the National Wildlife Health Center in Madison, Wisc., and experts at several universities across the country to better understand the disease and develop a treatment. This collaborative effort helped identify that reducing disturbances at hibernation sites during the winter can help the remaining animals survive. For more information about white-nose syndrome, visit the White-Nose Syndrome Response Team website, www.whitenosesyndrome.org/. Details about the protection of the northern long-eared bat can be found at www.dec.ny.gov/ animals/106090.html.
SUNY Delhi biology professor Jack Tessier, PhD, will talk about forest ecosystems during the Delaware-Otsego Audubon Society meeting Friday, Nov. 15 at 7:30 p.m. Tessier will show a pictorial tour of forested ecosystems during the free program at the Elm Park United Methodist Church, 401 Chestnut Street, Oneonta. Refreshments will be available.
Send Us Your Turkey Photos! Easily upload at www.the-reporter.net Or email them to sports@the-reporter.net
Deer Management Permits Still Available The New York State Department of Environmental Conservation (DEC) announced that remaining deer management permits (DMPs) in several wildlife management units (WMUs) will be available to hunters beginning Nov. 1. DMPs, which allow hunters to harvest antlerless deer, are issued for specific WMUs to control deer populations. In some WMUs, all applicants received permits during the initial application process, and the DMP target has not been reached. In these units, DEC will re-open the DMP application process on a first-come, first-served basis. Hunters may apply for up to two additional DMPs in these WMUs at any DEC license sales outlet beginning Nov. 1. Leftover DMPs are not available by phone, mail, or internet. Applications must be made at license issuing outlets. Applicants who previously paid the $10 DMP application fee during the initial application period, or are exempt from the application fee, will not be charged for this additional application. Hunters who did not previously apply for a deer management permit are required to pay the $10 application fee. Applications for leftover DMPs will be accepted for the follow-
Hang Up On Unwanted Phone Calls
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My office receives numerous complaints regarding unsolicited phone calls from telemarketers. I have fought to end this annoying practice for some time with a degree of success, but the battle continues. Since enacted in 2001, the “Do Not Call” registry has become one of the most effective and popular consumer laws in New York state. In 2003, New York merged its registry with the national “Do Not Call” registry to provide even more protection. Since that time, several updates have been made to close loopholes and offer additional roadblocks to unwanted, unsolicited
was signed into law, regulating all telemarketers who do business in New York and adds new consumer protections from unwelcome prerecorded calls. Also, the Federal Communications Commission (FCC) has approved several updates to the registry. They include: Requiring telemarketers to obtain prior expressed written consent from them, including by electronic means such as a website form, before placing a robocall to a consumer; Eliminating the “established business relationship” exemption to the requirement that telemarketing robocalls to residential wireline phones occur only with prior express consent from the consumer; Requiring telemarketers to provide an automated, interactive “opt-out” mechanism during each robocall so that consumers can immediately tell the telemarketer to stop calling; Strictly limiting the number of abandoned or “dead air” calls that telemarketers can make within each calling campaign. Even with the continued effort to upgrade the “Do Not Call” law and improve its effectiveness,
phone calls. One of the most effective improvements came through the Do Not Call Improvement Act of 2007. Under that measure, any number placed on the registry remains on it permanently. Both home landlines and personal mobile phones are covered and more than 221 million phone numbers are on the national registry. The “Do Not Call” law has proven effective in stopping unwanted calls, however, in some cases, telemarketers have found ways around the law. In order to help combat this problem I continue to look for ways to strengthen our laws. A few years back the senate passed legislation that
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By Senator James L. Seward
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277 Delaware St., Walton, NY 607-865-7698
there are a few exceptions. You may still receive calls from: Organizations with which you have an existing business relationship; Charitable organizations; Religious corporations; Polling companies; Political parties and committees. Signing up for the “Do Not Call” registry is simple and free. To register by phone, call toll free 1-888-382-1222 from the phone number you wish to register. You may also register on-line at www. donotcall.gov. Through the online form you can register up to three telephone numbers. You must have a valid email address to take advantage of the online registration. Once you register, your phone number will show up on the “Do Not Call” registry the next day. Telemarketers have up to 31 days to get your phone number and remove it from their call lists. If your number has been on the registry for at least 31 days and you receive a call from a telemarketer that you believe is covered under the law you can file a complaint. As many of you know, signing
ing WMUs: 1C, 3M, 3R, 3S (bowhunting-only), 4J (bowhuntingonly), 6P, 7F, 7H, 7J, 7R, 8A, 8C (bowhunting-only), 8F, 8G, 8H, 8J, 8N, 8R, 9A, 9F, and 9G. Additionally, Bonus DMPs are available for hunters who successfully take an antlerless deer in WMUs 1C, 3S, 4J, or 8C. For WMU locations, refer to the 2019-20 Hunting and Trapping Regulations Guide or visit DEC’s website, www.dec.ny.gov/ outdoor/8302.html. During this extended application period, DEC will issue DMPs for an individual WMU until the target issuance quota is achieved. The status of permits will be reviewed each night, and as individual units are filled they will be removed from the list of those available effective the following day. A list of units with available leftover DMPs will routinely be updated on DEC’s website or via the DMP Hotline at 1-866-472-4332. In units with leftover DMPs, DEC encourages hunters to prioritize antlerless harvest, choosing to take a doe or two, while letting young bucks go. Hunters can share extra venison with friends and neighbors or donate the meat to needy families through the Venison Donation Coalition, www.dec.ny.gov/outdoor/8351. html.
up for the “Do Not Call” registry does not always silence every call. Illegal scammers attempting to commit fraud or find their way around the law keep bombarding us all with unwanted calls. I would urge you to report such calls immediately. This year the state senate passed a bill to further crack down on unwanted robocalls. The legislation (S.3297) would also require phone companies to provide consumers with free call blocking technology. The bill was not voted on by the state assembly, but I will continue to support it moving forward and hope for full approval next year. If you receive unwanted calls you can file a complaint through the website, www.donotcall.gov. The New York Department of State, Division of Consumer Protection has some helpful information that can aid in filling out the complaint form. Read more online at www.dos.ny.gov/consumerprotection/do_not_call/ tips.html. Senator Seward’s website: www.seward.nysenate.gov. “Like” Senator Seward at www. facebook.com/senatorjimseward.
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October 30, 2019
The Reporter
Walton’s VanValkenburg Nabs Offensive Player of the Week Honors
MORRISVILLE - The North Eastern Athletic Conference (NEAC) office announced its weekly award winners in the sport of field hockey Tuesday afternoon, naming Morrisville’s Camberly VanValkenburg of Walton the Offensive Player of the Week for the week ending October 27. The freshman scored twice in the Mustangs’ 5-3 win over Lancaster Bible on Saturday. VanValkenburg tied the game in the third quarter at 2-2 before adding an insurance tally for the Mustangs in the fourth. The goals were her third and fourth on the season. The graduate of Walton Central is an environmental science major at SUNY Morrisville. She
is the daughter of Tracy Stanton and Sam VanValkenburg of Walton. SUNY Morrisville’s curricula are enriched with applied learning and pave the way for opportunity at both the Morrisville and Norwich campuses. An actionoriented, interactive learning lab, the college is a national leader in technology and has been lauded for its exemplary, innovative and effective community service programs. The college was ranked among the Best Regional Colleges in the North by U.S. News and World Report Best Colleges 2019 issue and was also recognized in the Top Public Schools, Regional Colleges North in the 2019 Best Colleges rankings. For more in-
formation about SUNY Morrisville, visit www.morrisville.edu.
Camberly VanValkenburg
Blue Devils Keep On Rolling To Face Marathon In Semis
By Rosie Cunningham Margaretville (fifth seed) defeated fourth seeded Laurens 3-0 on Saturday in the Section IV Class D section tournament quarterfinal. Lenny Cordero had a goal and tallied an assist in the win. Ryan McVitty and Willie Cano also scored a goal apiece for the Blue Devils. Ryan McVitty found the back of the net off of an assist from Cordero.
Cordero scored the second goal to make the game 2-0 of a corner kick from Mauricio Hernandez. “The team played well, we started out strong,” said Margaretville Coach James Owdienko. “Lenny Cordero had an almost flawless game, assisting on the first goal and heading in the second. On the defensive end, Owdienko said “all three defensive backs played strong (Trevor Ferraro, Connor Joedicke, and Diego
Sanchez), supporting each other throughout the game.” Cano concluded the scoring with eight minutes left to play. Keeper Billy Miller notched eight saves for Margaretville. Margaretville (15-2-1), will face top-seeded Marathon in the semifinals at 3:30 p.m. Wednesday, Oct. 30 at Wright National Soccer Campus. “We need to do the same thing Wednesday,” said Owdienko. “We need to score early and apply lots of defensive pressure.”
Bainbridge-Guilford Volleyball Clinches Fourth Consecutive MAC Title Bainbridge Guilford Volleyball continues to be powerhouse in the Mid-state Athletic Conference. On Monday, according to statistics provided by coach Tami Selfridge, the squad clinched the championship, beating Walton in all three games. Erica Selfridge tallied five aces, 11 kills and aces three digs. Sasha Lamoree earned seven aces and 20 assists, Makenna Clark added five aces, nine kills and four digs and Taylor Parsons tallied seven kills and one block for the Bob-
cats. For Walton, Emma Walley had four kills and one block, Molly McClenon had a block and teammate Hailey Gardner contributed four assists. The Bobcats won the first game 25-17 and then took games two and three by scores of 25-10. Both teams will be competing in the section tournament, which begins next week. The seeding meeting will take place Oct. 30. Oxford 3, Delhi 1 Oxford Volleyball defeated
Delaware Academy on the court in four games. For Oxford, Mallory OlsenNichols contributed four aces, seven kills and 13 assists. Oxford won three games while the Bulldogs won the third, with a score of 25-22. For DA Julia Baxter tallied three kills and two blocks. Anna Arhart had five aces, Lindsey Wright recorded five assists, Stella Mueller earned two blocks and Riley Davis recorded 10 digs for the DA.
DA Girls Cross Country Wins Whitney Point Invitational Deposit/Hancock’s Kelsey Young came in first place and six Delaware Academy girls placed in the top 11 to seal the victory for DA during the Whitney Point Invitational Oct. 22. The D/H senior ran the course in 20:28.0. Her teammate, junior Madison Dawson came in 19th place about four minutes behind Young. Junior Cella Schnabel placed third with a time of 21:40.2 to lead DA to victory. Eighth grader Gretal Hilson-Schneider placed sixth with a time of 21:59.9, four-tenths of a second ahead of teammate sophomore Sienna Door. Sophomore Anna Tessier placed eighth in 22:02.8 and sophomore Lonnie
Weiss was ninth, nine-tenths of a second later. DA eighth grader Ellie Lees placed 11th in 22:25.1 to finish the scoring for DA. The team earned 24 points in its victory. Union Endicott was second with 53 points, Dryden third with 72 and Johnson City fourth with 75. On the boys side, DA placed third with 91 points behind Dryden’s 64 points and Johnson City’s 72 points. Sidney placed fourth with 95 points and Candor was fifth with 99 points. Sidney senior Noah Artis placed seventh with a time of 19:07.4; followed by junior Jonathan McNamara was 13th in 19:47.9, senior Glenn Rogers in
23rd with 10:12.9, Bryce Chirico in 35th with 20:46.2, sophomore Sam Bagley in 43rd with 21:13.3, senior James Naef in 64th with 23:53.3 and senior Connor Thomson in 67th with 24:34.2. Junior Jonathan Hadley placed 11th in a time of 19:24.2 to lead DA. He was followed by Marco Shaw in 22nd with 20:12.0, sophomore Sam Lees in 25th with 20:13.7, freshman Luke Schnabel with 20:16.6, sophomore Karter Small in 32nd with 20:30.4 and freshman Jared Coleman in 33rd with 20:32.8. Local teams will compete in the MAC Championship Wednesday at Unatego.
Margaretville, Roxbury Fall In Quarterfinal Battles By Rosie Cunningham DELAWARE LEAGUE - It was an exciting evening in girls Delaware League soccer on Oct. 25. The Lady Blue Devils (threeseed), were upset via penalty kicks by sixth-seeded Edmeston, who advances to the Section IV Class D girls soccer semifinals. The was hard-fought game on both sides and head coach Toni Smith said in a prior interview that she is very proud of her team. Arissa Bolton scored for Edmeston off of an assist from Lexi Williams to open scoring. Teammate Madison Bolton tallied a
goal with more than 14 minutes left in the first half. Blue Devil Alivia Cordero responded, but Bolton found the back of the net once again and the teams’ went into the break 3-1. Eight minutes into the second frame, MA’s Marisol Flores converted a corner from Cordero into a goal. With less than six minutes left to play in regulation, Olivia Balcom scored off of an assist from Kansas Shamro. The teams took part in four overtimes and went into a shootout. Edmeston took home the win making three penalty kicks
to MA’s two - Bailee Herrel and Flores found the back of the net on PK’s. MA finished with a 18-12 advantage in shots. Although the Lady Blue Devils season has officially come to an end, they will return a strong competitors next season. Marathon 1, Roxbury 0 Marathon defeated Roxbury in a quarterfinal face-off despite the Rockets being the higher seed by one (fourth-seed). Marathon’s Delta Barber scored the lone goal in the win with less than two minutes left in the second overtime.
CESRPL Action The Stamford/Richmondville (S/R) pistol club gave the Rockdale pistol team its first defeat in the Central Empire State Rifle and Pistol League action, while Delhi and Oneonta were victorious Friday, Oct. 25. The top four shooters for S/R scored more than 280 points to soundly defeat Rockdale 1,138(28X) to 1,056(8X). In other action, Delhi beat Sidney 1,055(9X) to 1,026(10X) and Oneonta defeated Walton 1,075(16X) to 1,068(15X). Stamford/Richmondville’s Cliff Christman led all shooters with a 287(8X). He was followed close behind by Larry VanDeusen 286(7X), Gus Mueller 283(7X) and Steve Baker 282(6X). Others shooting for S/R were Cori Tubbs, Jim Hitt, Nick Righi, Brian Righi, Mark Gifford, Jan Hornbach, Stephen Hansen, and Maynard Vance. Rick Braun, 266(6X) led Rockdale. He was followed by Wendy Conway 264(1X), Dave VanValkenberg 264(1X), and Tom Rees 262(1X). Steve Ingalls, Dave Dewey, Joe Ocasio, Pat Hawkins, Gerry Palmer and Eli Kelly also competed for Rockdale. Top scores for Delhi were: Tom Whitacker 273(3X), Mabel Gutliph 267(3X), Fred Stanton 260(2X) and Kevin Gutliph
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255(1X) Other Delhi shooters were Fred Robertson, Bret Sage, Bob Anderson and Dennis Klimowski. High scores for Sidney were: Mike Pecoraro 261(2X), Jim Driscoll 259(2X), Erwin Smith 255(3X) and Erwin Smith IV 251(3X). Also competing for Sidney were David Short, Bruce Gerken, Ernie Griswold, Mike Terzo and Dick King. Wes Fleming led Oneonta with a 277(6X). He was followed by Wayne Jones 270(3X), Don Fleming 264(5X) and Charlie Lowe 264(2X). Other Oneonta shooters were Adam Nichols, Scott May, Tim Donovan, Grant LaBarr, Anthony Adamo, Ken Soden, and Roland Groppe Jr. Justin McAdams led Walton with a 273(6X). He was followed by Kyle Budine 269(1X), Glenn Bowker 264(5X) and Brian MacRabie 262(3X). Other Walton shooters were Kris Bowker, Bill McAdams, Tammy Budine, Ryan Boice, Samantha Bowker, John Noviello, Michael Noviello, Al Budine, Will Sulger, Ron Richards, Steve Condon, and Gary MacRabie. The records for the season so far are: Oneonta, Rockdale and S/R at 3-1, Delhi at 2-2, Walton at 1-3 and Sidney at 0-4.
SUNY Delhi Announces Fall Water Aerobics Class - Session 3 The SUNY Delhi Fall Water Aerobics third session will run from Wednesday, Nov. 13, through Friday, Dec. 13, on Mondays, Wednesdays, and Fridays in the Kunsela Hall pool from 8 to 9 a.m. There will be no class on Wednesday, Nov. 27, and Friday, Nov. 29. Registration forms must be received by the first day of class. Partici-
pants will not be allowed in the water without submitting a registration. There will be a charge of $50 per person for 12 sessions or $10 per person, per session. Make checks payable to SUNY Delhi or call the Outreach and Workforce Development Office at 607-746-4545 to pay by credit card. For more information go to Delhibroncos.com.
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October 30, 2019
The Reporter
New K9 Officer For Delaware County Sheriff’s Office By Lillian Browne DELHI - The Delaware County Sheriff’s Office has acquired a new canine - a 2-year-old German Shepard named Eli, in honor of Delaware County’s first Sheriff Elias Butler who served in the position from 1797 to 1799. Deputy Kyle Karcher of Hancock is Eli’s handler. The canine team began training on Oct. 28 at the Orange County Sheriff’s Office K9 Academy. The pair will be trained in narcotics detection, search and rescue, tracking and handler protection. Remarking on the occasion, Sheriff DuMond commented, “I am very proud to make this announcement today. I have the utmost confidence in Deputy Karcher’s abilities and I am confident that he and K9 Eli will work diligently and professionally on behalf of the Office of Sheriff as well as the people of Delaware County.”
Walton Man Struck in Roadway While Helping Turtle Edmund O. Jones, 70, Walton, was severely injured after being struck in the roadway while helping a turtle cross state Route 10, near the intersection of state Route 10 and Pines Brook Road in Walton on Oct. 23. Jones stepped into oncoming traffic in front of a tractor trailer driven by Edward I. Sprague, 62, of Walton. Jones was transported to Delaware Valley Hospital and was airlifted to Albany Medical Center by LifeNet helicopter.
Police Blotter
Delaware County Sheriff’s Office
Contributed Photo
Delaware County Sheriff Craig DuMond, left, Eli, and Deputy Kyle Karcher.
Hunting Over Bait Pile Leads to Arrest
Photo Contributed By DEC
Joseph Kessler, 23, Franklin Square, was arrested by New York State Department of Environmental Conservation Police on Oct. 12 for killing a deer over bait, hunting over bait and for killing a deer with a crossbow out of crossbow season. DEC police received an anonymous complaint about a deer being taken illegally during early archery season in Deposit. Officers say they found scattered bait and a gut pile in the front yard of a hunting camp and a crossbow hanging inside the front door of the residence. Kessler admitted to killing an eight-point buck over a bait pile, police said. He was arraigned in Deposit Town Court where he paid fines.
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.
• Lyman G. McCann, 46, Walton, was arrested on Oct. 23 and charged with second-degree obstructing governmental administration while being served with a parole violation warrant. He was sent to the Delaware County Jail, without bail awaiting an appearance in Walton Town Court. • Kai Kuehne, 46, Delhi, was arrested on Oct. 20 and charged with third-degree unauthorized use of a motor vehicle. Kuehne was issued an appearance ticket to answer the charge in Delhi Town Court.
Delhi Police Department
• Robert R. Eklund, 68, Mt. Vision, was arrested on Oct. 12 and charged with third-degree aggravated unlicensed operation of a motor vehicle and operating a motor vehicle with obstructed vision. He was released on traffic summonses to be answered in Delhi Town Court. • Genesis D. Cotto, 20, Bronx, was arrested on Oct. 20 and charged with two counts of fourthdegree criminal possession of stolen property, accused of obtaining funds from fraudulent money orders on two separate occasions. He was released on appearance tickets to answer the charges in Delhi Town Court. • Robert E. Sprague Jr., 34, Delhi, was arrested on Oct. 21 and charged with driving while intoxicated, and failure to use headlights. He was released on traffic summonses to answer the charges in Delhi Town Court.
Sidney Police Department
Rose Supports Paul
I am proud to support our Republican candidate for the Sidney Town Clerk Sheila Paul. Sheila’s campaign has been one with positive communication, facts and truth. Sheila does have the experience needed and is ready to take on the position, with the cooperation of the town board, to hit the ground running. She just wants what is best for the people of the town. By knocking on countless doors for the past several weeks, Sheila has heard from the people; their questions, their concerns and their complaints. She plans to listen to the people that she represents and do so with respect. She has said that, working with the Board, she plans to make the office more easily accessible to the public by providing hours that are more convenient, especially during tax time and hunting season. She is committed to provide the public with honesty, integrity, transparency and a helpful, smiling face, no matter what party they are affiliated with. Sheila understands that she works for the people of the town and will do so with pride. It is time for a change and Sheila is the right one for the job to assist in moving our town forward in a positive direction. Win-
The truck and trailer driven by Sprague were taken out of service due to a number of safety violations, Delaware County Sheriff’s deputies said and anticipate summonses will be issued. Deputies were assisted by Walton Fire and Emergency Services Department, Hancock Ambulance, Walton Police, New York State Department of Transportation, Delaware County Department of Emergency Services and New York State Police.
ning the support of our town’s Republicans in the Primary over an incumbent was a huge step. Now, Sheila is asking for the support of all town of Sidney residents. Please join me, and the majority of the Sidney town board members,in supporting Sheila Paul for the position of Sidney Town Clerk. JACQLENE ROSE SIDNEY Paid Endorsement
Town of Sidney Residents
My name is Frank Selleck and I am a town of Sidney Councilman. After obtaining an AAS in Marketing from SUNY Delhi, I spent two years as a Vietnam era Veteran. Upon an honorable discharge, I was employed by the U.S. Postal Service for 32 years. The last 20, as Postmaster of Gilbertsville. As such, I have a very good understanding of customer service and accounting. Our current town clerk, Lisa French, does an outstanding job with both. For the past twelve years, Lisa has done an excellent job managing your town’s finances and
business. Lisa has great organizational skills and the ability to multi-task. She is truly a dedicated administrative professional. Lisa understands town and county regulations very well and applies and follows them whenever necessary. She is also proficient when dealing with state mandates. Lisa is perceptive and efficient when dealing with town of Sidney interests and makes every effort to save money for the town and the residents when possible. Myself and other town board members have witnessed firsthand her in-depth knowledge of the budget process. As a taxpayer, I believe my money is better spent on experience. With over a decade of public service, Lisa French has proven to be highly dependable. Positive continuity in government is commendable and there is NO substitute for experience. On Nov. 5, please join me in the support of our current town clerk, Lisa French, by exercising your right to vote by voting Lisa French on the “authenticity” party line. Voting is 6 a.m. to 9 p.m. Thank you. FRANK SELLECK, COUNCILMAN SIDNEY TOWN BOARD Paid Endorsement
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
• Zachary J. Rice, 24, Sidney, was arrested on Oct. 15 and charged with third-degree aggravated unlicensed operation of a motor vehicle. • Kristein M. Tucker, 25, Sidney, was arrested on Oct. 21 and
charged with second-degree harassment. • Shane M. Jones, 47, Binghamton, was arrested on Oct. 23 on a Sidney Village Court warrant.
New York State Police
• Scott Simonds, 57, Sidney, was arrested by Binghamton State Police on Oct. 23 and charged with second-degree burglary. • Lois M. Ward, 62, Livingston Manor, was arrested by Wurtsboro State Police on Oct. 25 and charged with driving while intoxicated following a traffic stop at on Resorts World Drive in Monticello. Walton Police Department • Steven E. Moxham Jr., 39, Walton, was arrested on Oct. 22 and charged with two counts of endangering the welfare of a child and served with a criminal summons for second-degree harassment following a domestic violence complaints. He was sent to the Delaware County Jail on $1,000 bail or $2,000 bond. • Joseph Bifaro, 22, Walton, was arrested on Oct. 25 and charged with second-degree menacing. He was sent to the Delaware County Jail on $3,000 bail or $6,000 bond. • Gerhard W. Kuenecke, 69, Hancock, was arrested on Oct. 26 and charged with failure to comply, third-degree fleeing a police officer, first-degree reckless endangerment, aggravated assault with a deadly weapon against a police office, seconddegree obstruction of governmental administration, resisting arrest and reckless driving. He was sent to the Delaware County Jail, without bail, awaiting a future court appearance. • Shain S. Bakker, 32, Walton, was arrested on Oct. 28 and charged with second-degree menacing with a weapon, following a complaint from a person he allegedly threatened with a knife. He was sent to the Delaware County Jail on $500 bail or $1,000 bond.
October 30, 2019
Samuel Johnson: “Nothing will ever be attempted if all possible objections must first be overcome.” Halloween is Thursday, Oct. 31. Be sure to be careful while driving and watch for children dressed in costumes, for parties and trick or treating. Teachers and administrators: turn clocks back one hour before retiring Saturday evening, Nov. 2 - Daylight Saving Time ends Sunday, Nov. 3 - that means all students, also. Here on the Farm there is just one more cornfield to be chopped when the weather gets settled down. Harold was happy to get one of the fields that gets really muddy when rain comes chopped on Saturday and stored in the bunk. During the vet check last week a cow was not doing well so Cliff had her checked and the vet discovered she had a dislocated stomach and had to be operated on to get her doing better. When asked Harold explained it was gas in the cow’s stomach that had to be operated on to let the gas out. Cliff said she is doing better. He is glad he had her checked or we could have lost her anytime. Later this week the cows will be tested for milk production, milk fat, protein and other solids. Watch for new products that are being developed in the dairy industry. Keep purchasing dairy products to use in cooking and baking. If you have questions about dairy products get information anytime from the American Dairy Association. Keep our dairy farmers in your thoughts. Sympathy is extended to the family and friends of Marg Dean who passed away on Saturday, Oct. 26. Marg was a good friend to all children in the area and they all loved her. Marg and her husband Ernie did a lot for the Masonville Church and worked on the supper committees; she will be missed by all who knew her. Funeral services will be on Wednesday, Oct. 30 at C.H. Landers, Sidney, at 11 a.m. Our grandchildren from Charlotte Valley, Davenport, and Sidney Central School will participate in high school band day at Syracuse University on Nov 2. Voters: New Yorkers can vote early at the office of The Delaware County Board of Elections, 3 Gallant Avenue Delhi, starting Oct. 26 until Sun. Nov 3. For more information visit the Del. Cty. Board of Elections at co.delaware.ny.us/departments/ elec/early_voting.htm. Regular Election Day is Tuesday Nov. 5 polls are open 6 a.m. until 9 p.m. at the Masonville Town Hall. Birthday Greetings to Lori Schneider, Robert Huntington, Bonnie Tripp, Ellen Dean Howard, Sam Sherman, Alisha Lent, Kathy McGovern Phelps, Adrienne Benson, and Melissa Pecor. Masonville Federated Church services, 11 a.m. with adult Sunday School at 9:45 a.m. Sympathy is extended to Doug and Beth McKown on the tragic death of Doug;s sister, Denise McKown Hodges, in an automobile accident, and for the recovery of her husband Will Hodges, who was hospitalized. Saturday, Nov. 2, the Coffee House theme is Seasons. Sunday, Nov. 3 is Stewardship Sunday; Monday, Nov. 11 at 6 p.m. Church Council. Sunday, Nov. 17 - Christmas boxes are due.
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The Reporter
Wayne R. Cobane Wayne R. Cobane, 76, Walton, passed away peacefully on Tuesday, Oct. 22, 2019, at UHS Delaware Valley Hospital surrounded by his loving family following a long illness. Born May 24, 1943, in Walton, he was the son of the late Lewis and Alfreda VanKleeck Cobane. Wayne proudly served his country, joining the Army in August of 1963. He served until July of 1966, achieving the rank of Sergeant. Following his active duty time, Wayne did several years in the National Guard, stationed in Walton. He was a member of the American Legion Post in Trout Creek and was a former member of the Walton Fire Department. Wayne was an avid outdoorsman and enjoyed hiking, fishing, camping and hunting. Survivors include his beloved wife of 56 years, Margaret Beardslee Cobane of Walton; children David Cobane (Julie) of Delhi, John Cobane (Cindy) of Sidney, Timothy Cobane (Nancy) of Walton, Kelly Kole (Greg) of Trout Creek and Thomas Cobane (Shannon) of Franklin; sister Marilyn Hurlburt of Truxton; grandchildren Patrick, Russell, Adrianna, Ross, Ryan, Sara Morrison (Chris) of Syracuse, Stephanie and Rachel; several step-grandchildren and greatgranddaughter Tamra. Wayne is also survived by several nieces, nephews and cousins. He is predeceased by his brothers Luther Cobane and Burnell Cobane and sisters Isabell “Jean” Tompkins, Sandra White and Judith Hurlburt. A graveside service with military honors to celebrate Wayne’s life was Saturday, Oct. 26, at 2 p.m. at Hamden Cemetery with Pastor Don Crossman officiating. Memorial donations in Wayne’s memory may be made to Trout Creek Fire Department, County Route 27, Trout Creek, NY 13847 or to the Walton Fire Department & Emergency Squad, 61 West Street, Walton, NY 13856 or to the Northfield Community Church, 5116 County Highway 23, Walton, NY 13856. Arrangements have been entrusted to Courtney Funeral Home, Walton. To leave a message of hope and comfort for Wayne’s family visit www.courtneyfh.com.
Robert Larsen Robert “Bob” Larsen, formerly of Port Jefferson and Walton, age 87, passed away, Tuesday, Oct. 8, 2019 at the Lower Cape Fear “Angel house” Hospice in Whiteville, N.C. Bob was a Marine Corp Veteran, a retired high school teacher, a fireman, and a member of the Veterans of Foreign Wars and the American Legion in Calabash, N.C. He is survived by his loving wife of 61 years, Julia; daughters, Yvonne, Janet, Patricia, Katherine; and five grandchildren. A memorial service will be held on Friday, Nov. 29, at 10 a.m. at the VFW in Calabash, N.C. He will be inurned in the St. Brendan Catholic Church Columbarium at a later date. In lieu of flowers memorial donations can be made to Lower Cape Fear Hospice, 1414 Physicians Drive, Wilmington, NC 28401. Online condolences can be made at www.brunswickfuneralservice.com. Brunswick Funeral Service, Shallotte.
Laurence Armstrong Ruth H. Jones Ruth H. ‘Packy’ Jones of Shelburne, Vermont, formerly of Walton, passed away on Saturday, Oct. 19, 2019, at age 99. She was born in Portland, Maine, on Aug. 1, 1920, to Reverend J. Roy and Esther (Wadsworth) Packard. Ruth graduated from Middlebury College in 1941 and received a master’s degree from Simmons School of Social Work in 1943. Ruth was married to Dr. Charles Jones. They lived in Burlington, Vermont, then moved with their growing family to Norwood, then Weston, Mass., for several years, finally settling in Walton with their six children in 1962. There Ruth was active in the community, volunteering in the school, the United Presbyterian Church, and Planned Parenthood. Many local children learned to swim from Ruth over her 25 years as the waterfront director at 4-H Camp Shankitunk. In retirement, she and Charlie loved traveling in their RV across the country. She also enjoyed the outdoors, hiking, snowshoeing and gardening, but what she loved most was spending time with her family. Her last years were spent at Wake Robin Retirement Community, Shelburne, Vermont, where she renewed old friendships with college classmates and made many new friends, as well. We wish to thank the staff there who cared for her so well and with such TLC, especially her last couple of years. She is survived by her children, Susan Brown of Essex Junction, Vermont, Hope Olmstead (Bruce Boutet) of Monmouth, Maine, Martha Jones (Paul Zerella) of Santa Clarita, Calif., Stephen Jones (Debbie) of Frederick, Md., Matthew Jones (Karen) of Charlottesville, Va. and Kathryn Monk (John) of York, Pa. She is also survived by ten grandchildren, Rachel Brown, Jason Brown, Dion Olmstead, Amity Olmstead, Lacy Metullis, Brett Metullis, Reuben Jones, Christen Monk, Elizabeth Monk, and Ian Monk, and seven great-grandchildren. Ruth will be remembered for her sense of humor, her independent spirit, and her genuine caring for everyone. A Celebration of Life service will be held in the United Presbyterian Church in Walton on April 25, 2020, at 10 a.m. Donations can be sent to 4-H Camp Shankitunk at www.campshankitunk. org or the Walton United Presbyterian Church.
Laurence “Larry” Walter Armstrong Jr. was born Aug. 13, 1929, in Walton, to Laurence Walter Armstrong Sr. and Gladys Puffer. He died peacefully at home on Oct. 21, 2019. Larry is survived by his loving wife, Arletta Storrer Armstrong, with whom he enjoyed a remarkable partnership of 70 years, and their seven children, Mickey (Pamela) Armstrong of Alton, Va., Vickie (Frank) Winkler of Andes, Jon (Marilyn) Armstrong of Walton, Reva (Steve) Jones of Walton, Tracy (Eileen) Armstrong of Youngsville, N.C., Laurie Armstrong of Raleigh, N.C. and Barry (Linda) Armstrong of Rockingham, N.C., as well as by 19 grandchildren, 37 great-grandchildren, two great-great-grandchildren, his sister, Celia Ruff of Kellogg, Idaho, and several nieces and nephews. He is predeceased by his parents, brothers Robert and George “Raymond,” his brother-in-law, Philip Ruff and great-grandson, Hunter Jones. Larry spent most of his working life as a dairy farmer and upon moving from his native upstate New York to Raleigh in 1972, he managed several successful herds in Wake County, including the Dorothea Dix herd that once occupied the land where the North Carolina State Farmers Market is now located. After retiring from farming, Larry became a bartender at the Angus Barn, joking that he might have left the farm but couldn’t stay out of the barn. During 28 years of working for his beloved Van Eure, he mentored scores of young men and women and became known as “Larry the Legend.” Larry was an avid bowler in his younger years and became an excellent golfer in his 40s who “shot his age” throughout his 70s and 80s. He enjoyed woodworking, reading and watching sports – especially when his children and grandchildren were competing. He was often known to declare that if wealth was measured by a man’s pride in his family, he was the richest man in the world. A memorial service will be held at a later date, yet to be determined. In lieu of flowers, donations can be made in the memory of Larry to St. Jude Children’s Hospital at www.stjude.org.
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Carol Tuttle Carol Tuttle, 77, of Andes, passed away on Sunday, Oct. 27, 2019, at Mountainside Residential Care Center, Margaretville. A funeral service will be held at 1 p.m. on Monday, Nov. 4, at the MacArthur Funeral Home, 134 Main Street, Delhi. Friends and relatives are invited to call one hour prior to the service at the funeral home. Burial will follow at Andes Cemetery. Visit www.macarthurfh.com to share condolences.
Courtney
Funeral Home
www.courtneyfh.com Frank Cagnina, Jr, CFSP Owner/Director
Stacy L. Vertucci Owner/Director
607-865-4383
25 Townsend St., Walton, NY 13856
www.courtneyfh.com
Mary E. Hoyt Mary E. Hoyt, 79, Walton, passed peacefully at her home on Monday, Oct. 21, 2019 following a brief illness. Born March 22, 1940 in West Davenport, she was the daughter of the late Charles and Rachel O’Dell Beams. Mary worked for Arthur and Joann Rasmussen and later for their children and was truly grateful for all their love and support over many years of friendship. She also worked as a shipping clerk at Scott Machines in Walton, retiring after over 30 years of dedicated service to the company. Mary loved to bake and was known for her delicious cakes, enjoyed cooking meals for family and friends, and canning. She was looking forward to her upcoming trip to Israel at the end of the month were she was going to be baptized. Mary will be most remembered for humility, being a strong-willed, independent women and her strong work ethic. Survivors include her beloved children, Joseph Hoyt (Aggie) of Va., and Marty Hoyt (Cynthia) of Mass.; daughter-in-law Shirley Hoyt; grandchildren Travis Hoyt, Trista Hoyt, Amber Phraner, Taylor Hoyt (Elizabeth), Cheyenne Hoyt, Caleb Hoyt and Morgan Hoyt, and great-grandchildren Graysen Phraner, Grant Rostocka, Dana Hoyt and Lydia Hoyt. Mary is also survived by several brothers, sisters, nieces, nephews and many close friends. She is predeceased by her son Roger Hoyt and ex-husband Paul Joseph Hoyt. A service to celebrate Mary’s life will be held at a day and time to be announced. Memorial donations in Mary’s memory may be made to The ALS Association, Gift Processing Center, P.O. Box 37022, Boone, IA 50037 or visit www.alsa.org to make a donation online. Arrangements have been entrusted to Courtney Funeral Home, Walton. To leave a message of hope and comfort for Mary’s family, visit www.courtneyfh.com.
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October 30, 2019
The Reporter
100 YEARS AGO, SATURDAY, NOVEMBER 1, 1919
THE WEEK IN WALTON What We Are Talking About at the County Hub
LOCAL HISTORIAN APPOINTED In Jail on Theft Charge– Nestles Pipe Water From River–Liberty Item of Interest. John McClenathan has sold his farm to George Nichols of East Brook. Mr. Nichols takes possession Dec. 1. A Ford sedan owned by Albert Morris of Oneonta and driven by his chauffeur, Charles Randall, collided one day last week with the Overland roadster of Floyd Manizer of Schenevus. The Ford car turned over and went down a ten-foot embankment, but the occupants escaped with minor injuries. Mr. Randall is a former Walton man. Edward Hollenbeck, formerly of Bethel, Sullivan county, was killed Monday of last week in Jersey City. He was struck by a train while working as a carpenter on a viaduct. Mr. Hollenbeck is survived by his wife and three children. Mrs. Hollenbeck is a sister of Mrs. Henry Wilson of Walton and with her oldest daughter, has been making her home here. The body was taken to Bethel for burial, An important meeting of the Delaware county War Savings committee will be held in Walton today, Friday, Oct. 31. Regis H. Post, ex-governor of Porto Rico and now in charge of the government loan activities in New York state, and F. H. Boykin, field representative of the New York state War Savings committee, will be present at that time. A luncheon will be served at the Walton armory at 12:15 o’clock and the convention will immediately follow. The Nestle company is having ditches dug for pipe lines which will tap the river below Townsend’s flats and Third Brook at West street, and expects to secure a greatly increased water supply by pumping from this source. A pumping plant will be installed in the rear of the electric light plant. The Nestle company is not only receiving a large volume of milk locally but is shipping large quantities here and the present water supply has been found inadequate. Supervisor W. G. Moore recently appointed Hon. A. W. North as local historian for the town of Walton under the provisions of chapter 181 of the laws of 1919. The office carries no compensation unless the town board shall deem it necessary to make an appropriation for the work. It is the purpose of the law to have town historians make a gradual collection of material concerning the past and present history of their localities, and to take leadership in creating an active interest in the preservation of all its public records. The immediate task of the local historian, according to the announcement of James Sullivan, state historian
director, will be the gathering of information and material relating to the participation of this town in the war. At the annual meeting of the Walton chapter of the American Red Cross, held in the high school study hall Tuesday evening. the executive committee for the ensuing year was elected as follows: Mrs. B, G. North, chairman; Mrs. George T. Johnston, Mrs. William Kent, C. B. Lincoln and John Doig. The officers of the chapter are appointed by the executive committee. The report of the treasurer, George T. Johnston, showed a balance on hand of $2,264.83. C. N. Peake, who attended the convention of chairmen in the Third Red Cross roll call, held in New York city last week, gave a report of the meeting and outlined the plans for the membership campaign next week. The chapter has arranged for the engagement of a public health nurse and Miss Matilda McNeilly of New York, who has been selected, will come to Walton about December first. Mrs. George T. Johnston, under whose direction as chairman of the executive committee so much has been accomplished during the past two years, asked to be relieved as chairman but will remain on the executive committee. Alfred Jesionowski, a young man who recently came to Walton from Delhi, is now a prisoner in the county jail and faces a charge of grand larceny for the theft of $158 from Orra Launt. Jesionowski was employed in the Nestle factory and was boarding at the Walton house. His room adjoined that of Orra Launt, better known as “Boz.” Monday morning when Launt got up he changed his clothes and left his pocketbook containing $158 in the suit he had worn the previous day. Later in the day he missed the money but when he went to look for it the money was gone. That evening Launt secured a search warrant from Police Justice James Peako and accompanied by Officer Wakeman went to Jesionowski’s room about 11:30 o’clock. They awoke the young man, who was asleep, but he did not appear at all anxious and told them to go ahead with their search. Wakeman and Launt at first failed to find the money, but a silver cigarette case belonging to Launt was discovered. Jesionowski by this time had begun to lose his nerve and finally told the searchers that they would find the money in the heel of his shoe. This proved to be the case and all the money was found there except $16, which Jesionowski had spent during the day. He was taken to Delhi Tuesday where the case was at once presented to the grand jury.
FOUR CASES READY AT OCTOBER COURT Term May Not Extend Into Second Week.
NO CAUSE VERDICT FOR FINCH Hall Secures Judgment in Feed Account Suit–Try Sidney Cases at Home. The October term of supreme court for Delaware county, which was started in Delhi Monday afternoon, will probably close this week. Justice Rowland L. Davis of Cortland is the presiding justice. There are fifty-three cases on the calendar, but on the call of the calendar ten causes were reported as settled, several more were referred and about a score went over the term. John W. Gibson of Delhi is foreman of the grand jury, which has about fifteen cases to consider. After the jurors had been sworn and the other preliminaries completed an opportunity was given
for the hearing of ex parte motions. Among these was a lively and entertaining tilt between attorneys Edward O’Connor and John T. Shaw, veteran lawyers of Delhi. The latter had secured a judgment by default against George Gilbert for legal services of nearly $300, and Mr. O’Connor moved to have a new hearing, admitting that he had failed to file papers within the time prescribed by law. He had asked Mr. Shaw to grant this permission and tendered $10 as the usual penalty, but both were refused. The justice suggested that Shaw should have taken the $10 at least, but he did not consider that the matter was properly before him for decision and ordered that Mr. O’Connor be required to prepare the case and have it printed and noted on the calendar of the appellate division for hearing at the January term of that court. Also that he should pay Mr. Shaw that $10 proffered before. Shaw objected to further delay in the execution of his judgment because he was 75 years of age and the defendant was now 87 years of age, and he thought it was a case of delaying until one or the other was dead and thus defeat the ends of justice. Tuesday morning C. R. O’Connor moved that the trial of the Sidney strikers who are under arrest be changed from Sidney and the matter come before the supreme court by the usual route of the grand jury. He insisted the state of mind in Sidney would not be conducive to a fair trial of the charges against his clients. In his argument he mentioned the fact that the striker element won out by a large majority in the first Republican caucus of that town and a larger one in the second caucus ordered by Justice Kellogg. In view of that fact it appeared to Judge Davis that the attorney should not fear the result of a trial in Sidney. District Attorney Hewitt resisted the granting of the motion, saying there seemed no logical reason for a change in the trial. Court denied the motion. A jury was then drawn to try the matter of difference between Henry Finch of Walton and Chester B. Teed of Trout Creek, Alexander Neish appearing for the plaintiff and Henry B. Sewell for the defense. The action was brought to recover $100 damages as stipulated in a lease of one of the defendant’s farms. In February, 1917, Finch leased the farm in question and the lease also included stock and farm tools and was to run one year. In case Mr. Teed sold the farm during the year the lease provided that Finch was to receive $100 as liquidated damages and fuel and house rent for the remainder of the term. The farm was sold in September, according to the plaintiff, but he was in possession of it until November, when plaintiff moved his family to Walton. He alleged that no part of the $100 had been paid to him nor any settlement as to fuel had been made. The defendant set up that he had settled with the plaintiff to his satisfaction at the time and two checks for about $40 were introduced which plaintiff admitted he had received, but for other consideration than the payment or damages on account of the sale of the farm. The case was given to the jury just before adjournment for the day and that body was instructed to seal the verdict should an agreement be reached. The verdict of no cause of action was entered the following morning. C. R. O’Connor was counsel for the defense. During the wait for defendant Teed the court heard the case of Fred C. Potter against Jerome J. Farrell, being an action on account of a chattel mortgage being overlooked by an attorney in securing a sale of property by the sheriff. E. A. Mackey and A. G. Patterson were the attorneys. Attorneys are to submit briefs to the court. Wednesday morning the action of Willard A. Hall and others against Julia Gardner for the col-
lection of a feed bill. The plaintiffs are conducting the feed business in Hancock which was formerly run by Mr. Hall’s father and then by his mother. They sold goods to O. T. Richey, who paid regularly for some time but it became necessary to sue him on an account amounting to $262.45. Judgment was secured for the amount and in supplementary proceedings Ritchey testified that Mrs. Gardner, his mother-in-law, was the owner of the farm and stock which he was managing. This action was then brought to secure payment from her. Vincent N. Elwood appeared for the plaintiff, with A. G. Patterson as counsel. C. E. Scott was attorney for defendant, with F. W. Youmans as counsel. The principal question was whether Richey was buying for himself, and the testimony given by him in the former proceeding was against such contention, or whether he was the agent of Mrs. Gardner. Richey swore on this trial that he was running the farm and paying for its use by maintaining his wife’s father and mother. Richey testified that the Judgment was obtained against him in August, 1916, and admitted the correctness of the account in the case. The defense claimed that credit had been extended to Richey for the reason that he had regularly bought goods, given his note in settlement at times and paid by check many times. The goods were sold to Richey and the plaintiffs did not consider the defendant at all in the matter. The jury’s verdict was for the amount claimed. During the forenoon attorney H. B. Sewell presented evidence in an action brought by Chester B. Teed against Charles Coddington for a claim arising from the purchase of a horse from the plaintiff. The defendant had filed an answer to the complaint but did not appear in court and judgment for $110 was granted by the court. Thursday morning the action of J. Hawver to recover from Helen More for work, labor and services, both Andes parties, was taken up for trial. B. & C. Johnson for plaintiff, and F. W. Youmans for defendant. On account of the illness of a witness the case was adjourned until Friday. Saturday the action of Abner Simetz against W. G. McAdoo, director-general of railroads, as director-general of the Ulster & Delaware railroad, for damages caused by the negligence of the railroad, is set for trial. Settlementof thefollowingcases was announced by the attorneys: John J. Reynolds against Charles L. Elwood, Wilbur Tupper against B. Lefkovics, Thomas Hamilton against W. E. Stilson and Katie Stilson, Grover Oles against George Green and others, Dello B. Froude against Chas R. Fleischmann, and Lloyd W. Albrecht against Walker D. Hines, director-general of railroads.
RED CROSS ROLL CALL COMES NEXT WEEK American Legion Active in Support of Campaign.
WALTON CHAPTER WANTS 6,000 Campaign for Memberships in Great Welfare Organization will be Conducted Next Week. The American Red Cross submits to the people of Delaware county, the state of New York and the people of the United States of America on Nov. 2, a record of unparalleled achievements in war and a program of peace work for the future, unexampled in comprehensiveness and requests your endorsement. You know what the American Red Cross is; you don’t have to be told. You know what the American Red Cross has done in the past; you don’t have to be told. You know what the American Red Cross did for the soldiers during the great war; you don’t have to be told.
It is an endorsement of this work that the third roll call comes to you today and requests you to become an active and loyal supporter of the organization. It costs $1 for you to say to the world: “The American Red Cross is the greatest humanitarian organization on the face of the globe; I endorse its work.” Fifty cents of this dollar goes to the local Red Cross activities, the employment of a public health nurse, etc. Fifty cents to the national organization for national and district relief work. The workers and members of the Red Cross are not grafting politicians. Ninety-five per cent of the funds of the organization is used for relief work for the benefit of mankind. The other five per cent is used in administration work. Your membership will be well used. The Delaware county committee of the American Legion, through Charles N. Peake of Walton, its county chairman, is the first body in Delaware county to fall in line behind the campaign. At the outset of the third roll call drive Major General O’Ryan volunteered his services to the Red Cross representing the boys of New York state. His services were accepted and he was honored by being made the third roll call chairman of the Atlantic division. Stephen N. Bobo, Red Cross representative with the 27th Division in France, was chosen by General O’Ryan as his assistant. The work has gone forward with the characteristic O’Ryan push and energy. The general’s critics acknowledge that whatever he undertakes to accomplish is as good as accomplished. Every national institution that stands for a better manhood and a higher plane of civilization, has thrown its united support to the aid of the Red Cross. This includes the churches, every denomination of religion, the American Legion, the Veterans of Foreign Wars, all fraternal organizations, including the Masons, Odd Fellows, Knights of Columbus, Diks, Woodmen, Knights of Pythias, Eastern Stars, Rebeccas and others. Such local organizations as the Woman’s Relief Corps, G. A. R. Cirele, Co. 5 Auxiliar. Brotherhood of Railway Trainmen and others. General O’Ryan has appointed as his assistants in the Walton chapter drive: Charles T. O’Neill of Walton, formerly first lieutenant 106th Infantry, 27th Division, roll call chairman; Charles N. Peake of Walton, formerly first lieutenant, 45th Infantry, 9th K. A. Division, assistant roll call chairman; Arthur Oothoudt of Walton, formerly sergeant Co. F, 1st Pioneers, supply manager; Howard R. St. John of Walton, formerly sergeant Co. F, 1st Infantry, publicity manager; George T. Johnston of Walton, member of Walton chapter, secretary and treasurer. Walton chapter of the Red Cross covers Walton, Hancock, Downsville, Cannonsville and Trout Creek and the areas surrounding each of said villages. There are approximately 2,800 supporting members in the chapter at present. Our goal is 6.000. Every loyal, patriotic American citizen should join. A membership endorses the work that has been done for the soldiers. What is to be done? First organization of the national health forces by: a. Co-operation with existing agencies. b. Independent action with unorganized communities: Education of wives and mothers, school children, industrial workers and other groups in home hygiene and care of the sick. 2. Introduction of public health nursing in all communities. 2nd. Expansion of home service into a national social welfare agency to assist needy families. 3rd. Emergency relief in epidemics and disasters. 4th. Permanent duty with the army and navy.
October 30, 2019
5th. Completion of the task of rehabilitation of the national fighters. 6th. Child welfare work. An understanding of the Red Cross peace program insures members. Will you help? We want 1,000 workers who will pledge themselves to get at least 25 members for the American Red Cross between Nov. 2 and Nov. 11. We want every man, woman and child in the Walton chapter district of the American Red Cross to wear a button for the next year. It will signify that you stand for health, home and nation. Join now; get others to join. Write or ask Charles T. O’Neill or Charles N. Peale for the workers’ card and buttons.
SUPPORT GOVERNOR SMITH James W. Flanagan Will Help Pass Governor’s Welfare Program. James W. Flanagan of Sidney, the Democratic candidate for member of assembly in Delaware county, is pledged to support Governor Smith in his welfare program, which was killed by the Republican assembly in the last legislative session after passing the state senate.
JAMES W. FLANAGAN. Mr. Flanagan has been a member of the Brotherhood of Railroad Trainmen for the past four years. He served three years as chairman of the local grievance committee and five years as chairman of the general committee. He represented the entire membership of the Brotherhood of Railroad Trainmen on the Ontario & Western railroad at the arbitration hearings held in New York in 1913 and later was called to Washington in behalf of the trainmen before President Wilson. He has represented the trainmen at important meetings held in New York, Rochester, Philadelphia, Washington, Cleveland, Chicago and Columbus. If elected member of assembly he will see that its citizens are represented in a creditable manner. Assemblyman Long voted against all the Governor’s welfare bills in the assembly at the last session. The last legislative session developed many practical problems, which because of a bitter partisan prejudice against the state’s executive, were not seriously considered by Republican members of the assembly. When Hon. Alfred E. Smith assumed his duties, January 1, 1919, he found the old machine that Governor Whitman had constructed in excellent working order. There were agencies operating at large expense, and extending into every corner of the state, which served no useful purpose. To lay out a plan of reconstruction and retrenchment in the people’s interest, a number of able and public spirited men and women were called upon to serve without compensation on a reconstruction commission. They willingly undertook the task, but Governor’ Smith could not get from members of the assembly sufficient money to pay their actual and necessary expenses. The
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useful labor was not abandoned, but has been so far completed that a valuable report will be sent to the next legislation. If that body is made up, as it was last year, of a working majority of partisans opposed to Governor Smith and everything he recommends, the people’s cause will suffer, and more of the taxpayer’s money will be squandered. Legislation is not a matter of partisan prejudice, therefore, members of the assembly to be elected this fall should be men and women willing to work with Governor Smith in the Interest of all the people. Mr. Flanagan is pledged to do this.
WALTON COLLECTORSHIP Why Mrs. John Schlafer Merits Support of Voters of the Town. There are two candidates for collector of the town of Walton– Fred Dickermon and Mrs. Hazel Schlafer. Dickermon has held the office of town collector for two years. He has also been collector of the village of Walton for four years. He had a job in the legislature at Albany last winter at $10 a day. He is treasurer of Walton fair society and is now acting as timekeeper for the new Kayser factory on William street. Mrs. Schlafer is the widow of John Schlafer, who died of influenza a year ago, leaving four small children, one of them a baby. Before her marriage she was employed in the Reporter office and later for a year or more in the Walton telephone office. With her family of small children and an invalid mother it is impossible for her to fill a position requiring a full day. Within the past few weeks she endeavored to work in the telephone office but had to give it up on account of her family. Mrs. Schlafer is perfectly competent for the office of collector and will do the work as well as any man. It may be said that sympathy should not prevail in elections. But in Walton it always has and always will. Mr. Dickermon himself proves this, because the reason of his election several years ago was that his health failed and he could not work at his trade of printer in the Reporter office. He has always had the sympathy and support of this office when he most needed it. At this time, however, the needs of Mrs. Schlafer are far greater.
WALTON HEIRS SEEK $80,000 TRUST FUND Mrs. Launt Brings Action for Accounting in Elias Wade Estate
NO REPORT FILED SINCE 1893 Alfred L. Brown, Surviving Trustee, Cited to Show Cause Nov. 25 Why Distribution Should Not Be Made. Mrs. Lizzie W. W. Launt of Walton, as executor of the estate of her mother, Mrs. Emma J. Wade, has brought an action in the surrogate’s court in New York city to compel an accounting by Alfred L. Brown, surviving trustee of the estate left by Elias Wade, Jr., grandfather of Mrs. Launt. The sum of $80,000 is involved. Elias Wade, Jr., died on July 22, 1879, leaving a will executed in 1873, by which he directed after a number of specific bequests that his residuary estate be divided into three shares, one of which he ordered held in trust for his daughter-in-law, Mrs. Emma J. Wade, of Walton, for life, free from the control of any future husband, after which the principal was to be divided among Mrs. Wade’s surviving children. These are Mrs. Lizzie W. W. Launt and Alfred L.
Wade of Walton, William D. Wade of New York and Seymour Wade of Chicago. The trust fund is placed at $80,000. Mrs. Emma Wade died on the 10th day of February, 1919. Mrs. Launt recently began an action and secured from Surrogate John P. Cohalan of New York an order directing Alfred L. Brown, as surviving trustee of the estate of Elias Wade, to show cause before Surrogate Cohalan on Tuesday, Nov. 25, why he should not be compelled to file an accounting of his trusteeship with the clerk of the court. Should Mr. Brown pay no attention to this order, Surrogate Cohalan, upon that day, will then have a right to issue an order directing him to file an accounting within a certain number of days or show cause why he should not be removed from his position of trusteeship and punished for contempt of court. Mrs. Launt’s complaint, in part, as laid before the surrogate, follows: “That by the terms of the last will and testament of Elias Wade, Jr., one-third of the residuary of said estate was left in the hands of the executors of the said estate who were appointed testamentary trustees thereof in trust for Emma J. Wade, widow of Charles B. Wade, for and during her natural life, and upon her death the said trust fund was to be divided among the issue of Charles B. Wade. “That the said Charles B. Wade died in the year of 1873, and that the said Emma J. Wade died on the 10th day of February, 1919, leaving her last will and testament which was duly admitted to probate by the surrogate’s court of the county of Delaware on the 15th day of February, 1919, whereby the petitioner was named as executrix thereof, and to whom letters testamentary in the estate of said Emma J. Wade was duly issued by the surrogate’s court of the county of Delaware on the 15th day of February, 1919. “That the said Charles B. Wade left him surviving the following issue, namely, Alfred L. Wade, son, residing at Walton; William D. Wade, son, residing at New York city; Seymour Wade, son, of Chicago, Ill., and Lizzie W. W. Launt, your petitioner, a daughter, residing at Walton. “That immediately after the death of the said Emma J. Wade the said Alfred L. Brown, the sole trustee of said trust fund, was notified thereof and request made of him to account for all moneys and property remaining in his hands as trustee of said trust fund and that thereupon he promised and agreed to make such necessary accounting for the purpose of distributing the trust fund among the issue of the said Charles B. Wade. “That several months have now elapsed since the death of said Emma J. Wade and the vesting of such trust fund in the issue of said Charles B. Wade, and although repeatedly requested to make such accounting the said Alfred L. Brown has consistently neglected and failed to make any accounting whatsoever of his trust, and during all of the years that he has been trustee of said trust fund he has made no accounting whatsoever of his said trust, and that no accounting has been made thereof to the knowledge of your deponent since the year of 1893. “That as your petitioner is informed and believes, there is now in said trust fund about the sum of $80,000, which said sum should now be divided among the issue of said Charles B. Wade, and that all interest and income which had accrued and which had not been distributed prior to the death of said Emma J. Wade should be paid over to your petitioner as executrix of
the said last will and testament of the said Emma J. Wade. “Petitioner further shows that by reason of the failure of the said trustee to render his account of his trust and to pay over and to distribute the said trust fund as specified by the will of Elias Wade, Jr., that your petitioner has been unable to make any accounting appraisal, inventory or appraisal of the estate of Emma J. Wade, of which she is executrix. “Wherefore, your petitioner prays for a judicial settlement of the accounting of the said Alfred L. Brown, and that the said Alfred L. Brown may be cited and required to appear in this court at a certain date to be therein specified, and then and there to show cause why he should not render and settle his accounting as such trustee, and why he should not distribute the said trust fund now in his hands.” Documents on file in the surrogates’ court in New York show that Mr. Wade, who was 81 years old, died on July 22, 1879, leaving a will, executed on June 11, 1873, and a codicil, executed on October 14, 1873, in which he directed his net estate, wherever situated, to be distributed as follows: Alfred Lockwood, husband of his deceased daughter, Marie Louise Lockwood, as a mark of respect and esteem, a gold watch as a memorial and keepsake, and the country home at Currituck county, North Carolina, with all of the sporting purposes, gunning boats, fowling and all the accessories, together with the rosewood case containing specimens of ornithology. Alfred Lockwood Beebe, grandson, a gold watch, chain and key; William Durand Wade, grandson, gold watch, chain and key; which was formerly owned by his deceased son, William Durand Wade; Charles Francis Beebe, William Wade Beebe, Frederick Morris White, Maria Louisa White, and to each of the children of his son, Charles B. Wade, with the exception of William Durand Wade, grandchildren, each $100 for the purchase of some keepsake. To each of the children of his deceased son, Charles B. Wade, of Walton, who were Lizzie White Wade, William D. Wade, Charles E. Wade, Andrew S. Wade and Alfred L. Wade, each $1,000. To each of his servants, Mary Neary and Mary Crane, each $500, together with all of the furniture of their respective bedrooms in his home. To his sisters, Phebe Durand, widow of Cyrus Durand, and Sarah Wade, and his daughterin-law, Marie C. Wade, the latter the widow of his deceased son, Edmund I. Wade, each a life interest in a $10,000 trust fund, free from the control of their husbands to be, after which each fund was to become part of the residuary estate. To the share of his late son, Charles B. Wade, whom he said he had advanced much money to during his lifetime, Mr. Wade directed that such debts be cancelled, with the exception of $6,016.78 charged on the books on May 2, 1873. This he ordered be deducted from his share or that of his heirs, together with the sums that from that date on the had advanced for the support of his widow, Emma J. Wade, and their children, which sums were to form a part of the residuary estate. The rest of the estate he ordered divided into three equal shares, one each for his two daughters, Jane Beebe, the wife of Charles D. Beebe, and Elizabeth White, the wife of John M. White, absolutely. The remaining share he ordered hold in trust for his daughter-in-law, Emma J. Wade, for life, free from the control of any future husband, after which the principal was to be divided among her surviving children, of which there are now the four.
CHIEF BLIZARD ENDS LIFE Head of Oneonta Police Force Victim of Melancholia. Thomas W. Blizard, chief of police of the city of Oneonta, killed himself with a shotgun Monday morning at his home on Clinton avenue in that city. Chief Blizard was 48 years of age. He had been suffering from melancholia for some time and with the exception of a few days in August had not been on duty since June. Chief Blizard came to this country in 1893, going first to Delhi, where he worked on a farm near that village and later became a resident of Oneonta, working for eight years at the railroad shops. In December, 1897, he married Miss Rosa Ellsman of Delhi and they have made their residence in this city ever since that time.
Dr. Miller Resumes Work. Dr. John A. Miller of Roscoe, who has been very ill following an operation, is now much improved and has been attending calls in town and in his office for the past week. His work in surgery will be resumed next week, or as soon afterwards as possible.
Proper Course for Women Voters. Mrs. Florence H. Nichols, the Democratic candidate for county clerk, should not only receive the vote of her party but the votes of all the women of the county. Mrs. Nichols was one of the pioneers in the suffrage cause in Delaware county, taking an active part in the organization of women which finally brought the county in line for suffrage. Further when the issue was uncertain both party organizations in the county were requested to endorse suffrage for women. The Republican organization refused point blank to come out square and aboveboard, but the Democratic committee unqualifiedly endorsed votes for women. Since this action the Republican managers have demonstrated that their interest in the rights of women is confined to their voting their tickets. Aside from one lone woman somewhere up in Roxbury no woman has been nominated by Republicans for a town office and none for a county office. If the women are intelligent enough to vote, which all admit theyare,theyarequalifiedforoffice, and the position of the Republican politicians that their activities must be confined to voting should be resented by every woman suffragist in Delaware county. They can elect Mrs. Nichols and confound the politicians.
Sidney School Question. A public meeting will be held in the assembly hall of the Sidney high school on Thursday evening, November 20, to discuss the question of erecting a new school building. A representative of the state department of education will be present.
20
The Reporter
October 30, 2019
Worship services for the DeLancey, Hamden and West Delhi churches during the month of November will be held in West Delhi Church at 11 a.m. with Rev. Connie Stone. During November the youth group will meet at the DeLancey Church at 6:30 p.m. on Wednesdays Nov. 6, 13 and 20. There is a blessing box in front of the Hamden Presbyterian Church. People can donate food and toiletries and people who are in need of these items are welcome to take them. The Central Delaware Trinity Covenant Youth Group for kids in grades 7 to 12 will have its first get together on Wednesday, Oct. 30 - a Halloween Party at the DeLancey UP Church at 6:30 p.m. Blessings and thinking of you Paul Moody. Last Sunday Gert and Cindy Mostert, Cathy Roloson, Linda and Wayne Shepard, and Margie Tweedie met at the home of Milt and Jan Ballard in Grand Gorge and it being a beautiful warm day we enjoyed a picnic. The grilled hot dogs, hamburgers and salads were a wonderful treat for the late-season picnic. On the passing of Norma Clark, we extend sympathy to her family and friends.
On the passing away of Ann Gavett we send condolences to Ann’s family and friends. Have your candy dishes full and ready for the trick or treaters coming on Halloween night, Thursday, Oct. 31. Missed from my birthday list, Jay and Elsie Wright, both had birthdays in October. Happy belated birthday to both of them. Election Day - Nov.5. Get out and vote, 6 a.m. to 9 p.m. at the Hamden Town Hall. Annual Election Day luncheon at the Hamden Community Hall. Homemade soups, sandwiches and pies. On Thursday, Oct. 31, the Delhi Fire Dept. will host its Halloween party for kids. Games, activities, and refreshments from 6-7:30 p.m. Nov. 3 - Daylight Saving Time ends; turn your clocks back one hour. The new Delhi Golf Course Restaurant Bluestone run by college students is open Tuesdays and Thursdays for lunch, 11 a.m. to 1:30 p.m. Thursday to Saturday for dinner, 5 to 9 p.m. Final free rabies clinic by the Del. Co. Public Health Dept. will be held on Wednesday, Oct. 30 from 6 to 8 p.m. at the Bloomville Fire Hall. Saturday, Nov. 2, holiday ba-
zaar at Delhi First Pres. Church, 9 a.m. to 3 p.m. Brunch with quiche, salad, rolls and fruit crisp for $8 will be available from 11 a.m. to 2 p.m. There will be country crafts, white elephant, Christmas items, books, bake sale and lots of other items to purchase. The Kirk Thrift Shoppe will also be open during the bazaar. Nov. 3, annual meeting, pot luck lunch and award of merit presentation at the Delaware Co. Historical Assoc., Delhi, at 1 p.m. If you plan to attend the lunch, bring a side dish or dessert to pass. Ham and turkey will be provided. Free admission. Open to the public; call 607-746-3849 to register. Fun days of October: 29 - Hermit Day; 30 - National Candy Corn Day, Mischief Night; Oct. 31 - Carve a Pumpkin Day, Halloween. Bobbing for apples: The Roman festival for Pomona, the goddess of fruit and orchards, was celebrated around Nov. 1. Romans believed that the first person to catch a bobbing apple with his or her teeth would be the first to marry in the new year. I don’t know if they still do this but I can remember bobbing for apples at parties when I was a kid. The Jack-O’-Lantern: Before the modern pumpkin jacko’-lantern, turnip lanterns were used. In ancient Ireland, revelers hollowed out large turnips or potatoes or beets and carved them into a demon’s face to frighten away spirits. They would light the
turnips from within with a candle or a piece of smoldering coal. They then placed the lanterns in the windows and doorways of their homes, in the belief that the carvings would scare off evil spirits. Irish immigrants arriving in the New World during the early 1800s found the plentiful, easier-to-carve pumpkins ready substitutes for turnips. Tricks or Treats. An extra place was set at the table during Samhain to serve as an offering to deceased loved ones. In addition, food was placed outside, near the doorway to appease bothersome spirits who might otherwise play a trick on the inhabitants, such as tipping over containers of milk. Today’s trick-or-treating dates to the Middle Ages, when poor people collected baked goods called soul cakes from the wealthy. In exchange for cakes the poor promised to pray for the giver’s deceased loved ones. Halloween sure has changed through the years and is now a fun night for the kids. Grandma’s recipe this week is for Halloween Pattern Cookies. My kids have always looked forward to my making these cookies for them and some of my trick or treaters also. 2/3 cup shortening, 1 cup sugar, 2 eggs, 1/3 cup milk, 3 cups flour, 3 tsp baking powder, 1/2 tsp salt, 1 tsp vanilla. Cream the shortening and sugar together, add eggs and mix well. Add the dry ingredients along with the milk and mix well. Add the vanilla. Roll the dough out on a
floured board to about 1/4 inch. Cut cookies out with a small round cookie cutter and place on a greased cookie sheet. Bake in 350 oven for 10 to 15 minutes. Frost the cookies with a orange frosting and then with some green frosting make pumpkin faces on each cookie. My thoughts of the week: After a few days of rain, Saturday turned out to be a beautiful day for a large turnout for the DeLancey/Hamden turkey supper. As usual the supper was excellent. The church members thank all who worked so very hard to put the supper on and they are thankful for all who came to enjoy it. Lynn Kinch’s joke of the week: The worst part about breaking up right before Halloween is now I have to explain at every party why I’m dressed as half of a horse. Halloween is my favorite holiday, where you can trespass on a stranger’s property and make a non-negotiable demand. Senior Moments: My grandfather wanted a motorcycle with a sidecar for his 90th birthday. We thought it was too dangerous, so instead we just bought him the sidecar. A cute saying: Wilderness is not a luxury but a necessity of the human spirit. Helpful Hint: When you want to butter your toast and find the butter too hard to spread, use your potato peeler and shave a thin slice off the butter and it will then spread easily.
November 1 is the deadline for retrieving artificial flowers, solar lights, etc. from graves in Woodland Cemetery. There are still quite a few decorations. Be sure to collect any items you’d like to keep before Nov. 15. Last week’s trivia question: Who is on the homecoming court at Delaware Academy? Queens Carly Burczak representing Varsity Soccer; Morgan Rynkiewicz representing Varsity Volleyball; Rachel Blocker representing Cross Country & Creative Writing; Emilia O’Neill representing Spanish Club & S.A.D.D.; Rija Francisco representing Science Club & Speech and Debate; Carly Bower representing Film Club; Riley Mason representing Yearbook; Cassidy Smith representing FFA; Gigi DeDominicis representing FCCLA; Hayley Angus representing Art Club; Megan White representing Color Guard; Morgan Robert representing Student Senate; Katey Sutliff representing Marching Band; Ani Kollig representing GSA, and Aolani McCarthy representing Varsity Club. For the Kings, Mike Griswold representing Varsity Football; Alex Pichi representing Varsity Soccer; Ty Saleman representing Cross Country; AJ Aukstikalnis representing Spanish Club; Renzo Guevarra representing Science Club, Art Club & Marching Band; Sean Carron representing FFA; Asa Giles representing Film Club; Preston VanWie representing Student Senate; Skyler Ricks representing GSA; Tyler Bruce representing Varsity Club. The 2019 Homecoming King was
Michael Griswold, and Queen was Morgan Robert. This week’s Delhi trivia question: What year did the Irish rock band U2 perform at SUNY Delhi? Community volunteer of the week is Pat Thomson. She is a member of the Delhi Women and Men’s Club and serves as the group’s secretary. She is always raising her hand to volunteer to help out the club. Thanks to Pat for all she does and has done for the community. Delhi is lucky to have her. There will be a rabies vaccination clinic on Wednesday, Oct. 30, from 6 until 8 p.m. at the Bloomville Firehouse, 243 Scotch Hill Road, Bloomville. The clinic is for dogs, cats and ferrets three months or older. Pets must be confined. If you want your pet to get a three-year shot, you must bring proof of a previous vaccine. Call Delaware County Public Health at 607-832-5200 with questions. For Halloween there is a day of fun activities for you and the kids. The village of Delhi observes trick-or-treaters on Halloween, Thursday, Oct. 31 from 5 to 9 p.m. There’s preschool storytime from 10:30 until 11:30 a.m. at the Cannon Free Library, 40 Elm Street. For years, Laura Gioffe has organized a Trick or Treat event along Main Street with Delhi businesses. A big group picture will be taken at the gazebo at noon. Then the parade of little trick or treaters will begin down Main Street. Snow White will visit Turning Point, 84 Main Street, at 4 p.m. The first 25 Trick or Treaters will receive a free Snow White Disney book and there will be a costume contest for the best child’s costume. SUNY Delhi will host a Trunk or Treat event from 6 to
8 p.m. in the lower lot at SUNY Delhi. There will be a Halloween party on from 6 until 7:30 p.m. at the Delhi Firehouse, 140 Delview Terrace Ext. There will be games, activities, and snacks; hosted by the Delhi Fire Department with help from students of SUNY Delhi. The Bovina Center Community Halloween party at the Bovina Center Community Hall will be from 7 until 8 p.m. Come one, come all in your finest costume for games, treats and even a ride on the firetruck. The Bloomville Fire Department will host a Halloween Party from 6 until 8 p.m., 243 Scotch Hill Road, Bloomville; snacks and games after trick-ortreating. Fun for all ages at a collaborative art workshop at FOR-DO every Thursday from 4:30 until 6:30 p.m. at The Turning Point of Delaware County, 84 Main Street. Call 607-746-3570 for more information. There is a 2019 holiday sale at The College Golf Course, 85 Scotch Mountain Road. The sale will take place on Friday, Nov. 1, from 8:30 a.m. until 5:30 p.m. and on Saturday, Nov. 2, from 8 a.m. until 2 p.m. Stop down to the proshop to browse apparel and other merchandise that will be priced to sell. Find the perfect gift for the golfer in your life. Refreshments will be available and you can take a peek in the new Bluestone restaurant and pub. The First Presbyterian Church, 4 Clinton Street, will host its holiday bazaar on Saturday, Nov. 2 from 9 a.m. to 3 p.m. There will be country crafts, a white elephant sale, a bake sale, a used jewelry table, and a silent auction. The Kirk Thrift Shoppe will be open. Brunch, serving quiche, salad, assorted bread and rolls, fruit
crisp and a beverage for $8, will be held from 11 a.m. to 2 p.m. For more information, call the church office at 607-746-2155. The Delaware County Historical Association - 46549 State Highway 10 - annual meeting will be on Sunday, Nov. 3, at 1 p.m. Potluck lunch and award of merit presentation. To attend the lunch, bring a side dish or dessert to pass. Ham and turkey will be provided. Call 607-746-3849 for more information. The ninth annual Bovina Library Farm Feast will be held Saturday, Nov. 2, from 5:30 until 8 p.m., at the Bovina Center Community Hall. Tickets are for sale at the Bovina Library or Russel’s General store - $15 for adults and $8 for children. Entry at the door will be $15. For more information, email bovinalibrary@gmail. com or call 607-832-4884. Lunch and hymn sing at the Immanuel Lutheran Church, 565 Andes Road, Sunday, Nov. 3 from 12 - 1 p.m. Free lunch and hymn singing on the first Sunday of every month. Call 607-437-9916 for more information. The Delhi Women and Men’s Club will host the annual Election Day pancake supper at the Delhi Fire Hall, 140 Delview Terrace Extension, on Nov. 5 from 4:30 until 6:30 p.m. Remember, New York now has early voting. You don’t have to wait until Election Day to cast your vote in the general election. On Thursday, Oct. 31 and Friday, Nov. 1, you can vote from 8:30 a.m. until 4:30 p.m. and on Saturday, Nov. 2 and Sunday, Nov. 3, the office will be open from 9 a.m. until 2 p.m. Voting during early voting 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 to see a sample ballot and more information. Several 5 hour pre-licensing courses are scheduled at SUNY Delhi over the next several months to learn the rules of the road and safe driving principles. Most new drivers need this class to schedule a driving test. You must have your permit prior to participating in the 5-hour course. Cost is $35 per student and registration is required by calling 607-746-4545 or outreach@delhi.edu. Classes will be held on the SUNY Delhi campus; details on location will be provided upon registration. They will be held on Tuesday and Wednesday, Nov. 5 & 6, from 6 - 8:30 p.m both nights. If you can’t make this session, the next session is Saturday, Nov. 16, from 9 a.m. - 2 p.m. and Saturday, Jan. 11, 2020, from 9 a.m. - 2 p.m. Delaware Academy will host a Veterans Day program Wednesday, Nov. 6 at 8:15 a.m. in the high school cafeteria and the assembly will start at 8:50 a.m. in the high school auditorium. RSVP to Kelli Brown at 607-746-1310. Next weekend, there will be a trash to cash solid waste management facility, 32230 State Highway 10, Walton, open house on Saturday, Nov. 9, from 10 a.m. until 12 p.m. at the facility. See garbage transformed into compost, learn how your trash becomes cash, discover ways to extend the life of the landfill, hear about the strangest things found in the garbage, and watch leading-edge technology at work. If you have never been on a tour, I highly recommend it.
Condolences to the Ford Family. Continue to keep Abby Stone and Charlie and Marion Calhoun in your prayers. Vote on Nov. 5 and then come to the Hamden Community Hall for a soup, sandwich and dessert luncheon. Serving from 11-2. Hamden Senior Citizens met for their monthly luncheon meeting on Wednesday, Oct. 23, at the Hamden Town Hall. “Happy Birthday” was sung to Marilyn Pennington, Kathy Moore, Ken Penny, Jean Bull, and Burneda Ford. Anniversary good wishes were extended to Marty and Loretta Foster and Bill and Adela Nagel. We share the loss of Ann Gavett, a longtime member of the Hamden Senior Citizens and Hamden Game Day. We remember her twinkling smile and
love for pinochle. The November meeting is on Wednesday, Nov. 20 at noon at the Hamden Town Hall. Loretta Weaver will talk about her experiences in publishing a few books. Centered around that is the idea of doing one’s family history and putting it into book form for future generations. Those who have their family history in scrap books or even published are encouraged to bring samples so others might see different ways of organizing family pictures, stories, etc. All are welcome to come. We have no age or residency requirement; just bring a dish to pass and table service. The group normally meets on the fourth Wednesday except in November and December - on the third Wednesday as to not interfere with the holidays. At the October meeting Bill Nagel spoke and showed pictures to the senior citizens about his September Honor Flight. Bill and his daughter, who served as his guardian, went from Delhi to Richmondville to Albany with a
full police escort to the Albany Airport where a group of 90 veterans and their guardians were met at 4 a.m. by a crowd of 300400 people and a military band, honor guard, and two senators. As Bill was the only WW II veteran on the trip, he was asked to lead the Pledge of Allegiance and was interviewed by a TV station. In the crowd were Bill’s great-grandchildren who came to see him off to Washington, DC. Upon landing in Baltimore, they again had a full police escort to Washington and to all the museums and monuments they saw. It was an overwhelming experience to see and hear the cheering crowds along the way, to watch the police motion other drivers to get out of the way, and to have cars and buses moved so the veterans’ buses could load and unload at the main entrances. He was amazed, but very willing, when young tourists would come and ask if they could have a picture taken with him and the others. All costs of Honor Flights
are paid for from private donations. Upon the return trip to the Baltimore Airport before heading back to Albany, the veterans had a surprise mail call where they received a package of cards and letters sent to them and collected by the leaders of the trip. Many in Walton heard about Bill’s trip and successfully kept it a secret. Bill was quite surprised, impressed, and appreciative of everyone’s involvement. Bill served in the Navy, and as he was an apprenticed tool maker assigned to the machine shop on the Roosevelt aircraft carrier. He was 17 when he enlisted along with two friends and 19 when he was discharged. The whole trip experience was exciting, and Bill didn’t mind going 27 hours without sleep. On Facebook, type Leather Stocking Honor Flight Sept 14, 2019 in the search bar for a video of the police escort and pictures - especially of Bill leading the Pledge. Hamden Game Day meets Mondays at 10 a.m. at the Hamden Town Hall. Those that like
to play cards or board games are welcome to come and see neighbors, old friends, or meet new ones and play a game or two. Grandchildren are welcome, too. Snacks and beverages are provided as well as the games. Looking for bridge and pinochle players. Hand and Foot is played as well as dominoes, Phase Ten, etc something for everyone. Church services for the Hamden, DeLancey and West Delhi Churches will move to the West Delhi Church for November, at 11 a.m. with Rev. Connie Stone. Communion will be served Nov 3. The Covenant study group will meet Tuesday, Nov. 12 at the Hamden Church at 12:30. All are welcome to attend. Don’t forget to turn your clock back Saturday night before going to bed. Have a ghoulishly fun Halloween.
October 30, 2019
21
The Reporter
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REAL ESTATE 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. Very large studio, first floor. Heat and electric included, $550, plus security. No pets, no smoking. Call Michelle 607-2877878. B28FR
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 WALTON ONE bedroom apartment. $575 + security. Heat included. Large 3 season sun porch. No pets, no smoking. Call Michelle 607-287-7878. B28FR
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 WALTON One bedroom. $475/ month plus security. No pets, no smoking. Call Michelle 607-2877878. B28FR
Nice one bedroom apartment on first floor in quiet 2 family home. $500/mo. plus utilities. No pets, no smoking. 607-8657928. S28FR
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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. Please, no polyester and condition is very important. 607-4985750. E-mail: righttothemoonalice@yahoo.com TFWT
We accept LEGAL 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.
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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 Plaintiff. 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. 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 Sec-
October 30, 2019
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tion 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 create 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. 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. 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 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 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. 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 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 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 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 Legal Notice PLEASE TAKE NOTICE that the Village of Delhi Planning Board will hold a Pub-
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lic 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 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 Legal Notice 2019 Meeting Notice -The November meeting of the Andes Joint Fire District Board of Commissioners will be moved to Tuesday, November 12th at 5PM, on account of Veterans Day. Mike Edelson, Fire Commissioner, Town of Andes Please take notice: Due to the holiday in November. The November monthly meeting of the Town of Andes Planning Board will take place on Tuesday, November 12, 2019 at 7:30 PM in the Andes Town Hall. Jo Ann Boerner Planning Board Clerk Supplemental Summons and Notice of Object of Action SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DELAWARE Action to Foreclose a Mortgage INDEX #: 2009/337 MORTGAGED PREMISES: 418 A/K/A RR1 BOX 238A BISSELL ROAD FRANKLIN, NY 13775
SBL #: 76 - 1 - 7.11 BANK OF AMERICA NA, SUCCESSOR BY MERGER TO SEATTLE MORTGAGE COMPANY Plaintiff, Vs DAVID MAURER AS HEIR TO THE ESTATE OF LOUISE K. MAURER, GRETCHEN MAURER AS HEIR TO THE ESTATE OF LOUISE K. MAURER, JUDY ANN AUSTIN AS HEIR TO THE ESTATE OF LOUISE K. MAURER, UNKNOWN HEIRS TO THE ESTATE OF LOUISE K. MAURER IF LIVING, AND IF HE/SHE BE DEAD, ANY AND ALL PERSONS UNKNOWN TO PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO HAVE AN INTEREST IN, OR GENERAL OR SPECIFIC LIEN UPON THE REAL PROPERTY DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS BEING HEREIN GENERALLY DESCRIBED AND INTENDED TO BE INCLUDED IN WIFE, WIDOW, HUSBAND, WIDOWER, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNEES OF SUCH DECEASED, ANY AND ALL PERSONS DERIVING INTEREST IN OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH OR UNDER THEM, OR EITHER OF THEM, AND THEIR RESPECTIVE WIVES, WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COM-
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.
WALTON, NY
Passive solar home on 5.5 acs w/post & beam great rm, sunroom, 2 bdrms & bth. Oak & cherry wd features. Nice views from house overlooking lrg mowed yard w/wds in the back. House sits nicely off town-maint rd w/level access. Stone wall fences on 2 sides of the property. Storage shed. South-facing views. Apple trees throughout. #120801
JUST IN
ANDES, NY
ASKING: $126,500
Beautiful farmland & home w/ spectacular mtn views & lrg barn on 88 acs. Gentle terrain for farming w/lrg fields in very good condition, lots of apple trees & approx 7/10 of a mi of rd frontage - perfect for hunting, hiking & 4-wheeling. Home well maintained w/spacious rms, nice kit, LR, DR & 4 bdrms. #120798
FRANKLIN, NY
Own a bit of history w/ this charming circa 1910, 3-bdrm home located in what was known as Merrickville. Immaculate w/orig wdwrk, pocket drs, LR w/wd-burning firepl, nicely remodeled bthrm. Sits on 15.53 acs overlooking lrg pond. Land originally owned by Mr. Merrick, then deeded to Beakes Dairy that built the old creamery up behind this home. Pond was used to harvest ice & the O&W train ran thru picking up butter made at the creamery. What is left of the O&W bunts up to the property line & the ice house foundation remains & still visible on this property. #121661
ASKING: $152,000
ASKING: $357,000
October 30, 2019
MITTEES, LIENORS, AND ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED, ARE UNKNOWN TO PLAINTIFF, PEOPLE OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA ACTING THROUGH THE IRS, UNITED STATES OF AMERICA ACTING THROUGH THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT Defendant(s). To the above named Defendant: You are hereby summoned to answer the Complaint in this action, and to serve a copy of your answer, or, if the Complaint is not served with this Supplemental Summons, to serve a notice of appearance, on the Plaintiff(s) attorney(s) within twenty days after the service of this Supplemental Summons, exclusive of the day of service (or within 30 days after the service is complete if this Supplemental Summons is not personally delivered to you within the State of New York). In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. The Attorney for Plaintiff has an office for business in the County of Erie. Trial to be held in the County of Delaware. The basis of the venue designated above is the location of the Mortgaged Premises. TO Unknown Heirs to the Estate of Louise K. Maurer Defendant in this Action. The foregoing Supplemental Summons is served upon you by publication, pursuant to an order of HON. Richard D. Northrup, Jr. of the Supreme Court of the State of New York, dated the Eighth day of October, 2019 and filed with the Complaint in the Office of the Clerk of the County
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of Delaware, in the City of Delhi. The object of this action is to foreclose a mortgage upon the premises described below, executed by Louise K. Maurer (who died on April 5, 2006, a resident of the county of Delaware, State of New York) dated the March 8, 1999, to secure the sum of $84,000.00 and recorded at Book 727, Page 271 in the Office of the Delaware County Clerk, on the March 23, 1999; The mortgage was subsequently assigned by an assignment executed June 29, 2001 and recorded on October 2, 2001, in the Office of the Delaware County Clerk at Book 874, Page 306. The mortgage was subsequently assigned by an assignment executed April 10, 2014 and recorded on June 3, 2014, in the Office of the Delaware County Clerk at Book 1931, Page 46. The mortgage was subsequently assigned by an assignment executed March 16, 2016 and recorded on April 14, 2016, in the Office of the Delaware County Clerk at Book 2021, Page 44. The property in question is described as follows: 418 A/K/A RR1 BOX 238A BISSELL ROAD, FRANKLIN, NY 13775 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your
mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. DATED: October 18, 2019 Gross Polowy, LLC Attorney(s) For Plaintiff(s) 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 The law firm of Gross Polowy, LLC and the attorneys whom it employs are debt collectors who are attempting to collect a debt. Any information obtained by them will be used for that purpose. NOTICE TO BIDDERS Notice is hereby given that sealed proposals are sought and requested for the construction and purchase of a of a new E450, Type 3 ambulance. Sealed bids will be received by the Downsville Fire District Board of Fire Commissioners, Attn: Brian Murphy, Chairman, PO Box 341, Downsville, NY 13755 up until 7:00 pm on November 18, 2019 at which time bids will be opened publicly in the meeting room of the Downsville fire hall, 15146 State Hwy 30, Downsville, NY. Bid packages may be obtained by contacting Lavonne Shields at Downsville Fire District, PO Box 341, Downsville, NY 13755 or by calling 607-363-2289 or by e mail at lavonne9@ frontiernet.net The Downsville Fire District, reserves the right to reject any or all proposals and to wave any formality or any technicality in any proposal in the interest of ownership. Bidders for this contract are requested to execute a non-collusive bidding certificate as required by section 103-d of the General
Municipal Law of the State of New York. No cost for the contract drawings is required; however each bidder is requested to return the contract drawings with their bid proposal. October 21, 2019 Brian Murphy, Chairman Downsville Fire District Board of Commissioners NOTICE OF PERMISSIVE REFERENDUM NOTICE IS HEREBY GIVEN that the Board of Fire Commissioners of the Downsville Fire District in the Town of Colchester, Delaware County, New York, at a meeting held on the 21st of October, 2019, duly adopted the following Resolution, subject to a permissive referendum. A RESOLUTION AUTHORIZING THE BOARD OF FIRE COMMISSIONERS OF THE DOWNSVILLE FIRE DISTRICT, TOWN OF COLCHESTER, DELAWARE COUNTY, NEW YORK, TO PURCHASE A NEW TYPE III FORD E-450 AMBULANCE TO BE BUILT AS PER BID NOTICE. RESOLVED, by the Board of Fire Commissioners of the Downsville Fie District in the Town of Colchester, Delaware County, New York, as follows :Authorize and direct the Treasurer to transfer from the Downsville Fire District Equipment Capital Reserve Account an amount not to exceed $150,000.00 toward the payment for the purchase of said Ford ambulance. This Resolution is adopted subject to a permissive referendum. By order of the Commissioners of the Downsville Fire District Lavonne Shields Secretary/ Treasurer Downsville Fire District TT-11/3/2018-1TC-200784| PUBLIC HEARING NOTICE
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
PLEASE TAKE NOTICE: The Town of Colchester Planning Board will hold a Public Hearing for a Minor Subdivision of Tax Map Parcel # 339.-1-6.1, 531 Money Point Rd., Downsville, NY 13755, for Ron MacDonald pursuant to Section 276 of the Town Law. SAID HEARING will commence at 7pm on Thursday, November 21, 2019 in the Town of Colchester Town Hall, 72 Tannery Road, Downsville, NY 13755. Please check with the Town of Colchester Planning Board (bseegmil@hunter. cuny.edu or 363.2752) on the morning of the scheduled Public Hearing to confirm that it will take place. By order of the Town of Colchester Planning Board. Bonnie R. Seegmiller, Chair LEGAL NOTICE NOTICE IS HEREBY GIVEN pursuant to Section 205a of the Highway Law that the Town Board of the Town of Colchester has hereby passed a resolution designating the following Town Highways as Seasonal Limited Use Highways to be appropriately posted that snow and ice removal and maintenance may be temporarily discontinued from
Bill de Blasio Mayor
December 01, 2019 until April 01, 2020: Dry Brook Road Hawks Hollow Road Berg Brook Road Horse Brook Road- from the junction of Rogers Hill Road to Morton Hill Road. Lower Russell Brook Roadfrom entrance to Russell Brook Campground northeasterly to said point of abandonment, being 523 feet. Upper Russell Brook Roadfrom its intersection with Morton Hill Road southwesterly to said point of abandonment, being 4,137 feet. Murphy Hill Road- from 1407 Murphy Hill Road to the end. Baxter Mt. Road- from Rosencranse to the end. By order of the Town Board Dated: October 16, 2019 Kenneth R. Eck Jr. Supt. of Highways PUBLIC NOTICE • It is the Town of Colchester Highway Department’s goal to keep Town Highways in a passable condition during the winter months. Any obstructions located in the Town’s right-of-way may hinder the ability of snow removal and storage. • In an attempt to clear
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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roads, drivers try to be careful to damage roads, not drivers try to any be obstruction in damage the right-ofcareful not to any way; however thatright-ofis not obstruction in the always possible. way; however that Thereis not fore, damage Therewhich alwaysanypossible. may done to mailboxes fore, be any damage which and while the Town may fences be done to mailboxes Highway Department tryand fences while the is Town ing to maintain the is roads Highway Department tryduring the winter, no ing to maintain thewill roads longer or reduring be the repaired winter, will no placed Town, but longer by be the repaired or will rebe the owner’s expense. placed by the Town, but will •beVehicles parked on the the owner’s expense. Town right-of-way • Vehicles parked are on also the a hindrance whenaretrying Town right-of-way also to clear roads of snow. a hindrance when trying Attempts be of made to to clear will roads snow. contact owners of such Attemptsthewill be made to vehicles soowners they can be contact the of such removed. However, if the vehicles so they can be Highway is unable to removed.Dept. However, if the reach theDept. owner, or if the Highway is unable to vehicle is not removed, the reach the owner, or if the Town will have the vehicle vehicle is not removed, the towed, at have the owner’s exTown will the vehicle pense. towed, at the owner’s ex•pense. It is also a violation to plow snow or shovel • It is alsoacross a violation to snow back across into Town Highplow snow or shovel ways wheninto residents clear snow back Town Highout driveways waystheir whenown residents clear and/or Be it out theirsidewalks. own driveways noted violators will and/or that sidewalks. Be be it prosecuted. noted that violators will be •prosecuted. Reminder to all Town of • Reminder to all Town of
October 30, 2019
The Reporter
Colchester Residents, the Town has a Residents, Sidewalk OrdiColchester the nancehas which states: Snow Town a Sidewalk Ordiand icewhich shall states: be removed nance Snow from ice sidewalks within and shall be removed twelve hours after the snow from sidewalks within has stopped andsnow that twelve hours falling after the the stopped sidewalkfalling shall and be conhas that tinuously maintained be the sidewalk shall be to conkept free of snow and to ice.be tinuously maintained • Local Law No.and 2-1989 kept free of snow ice. firm, •states Local no Lawperson, No. 2-1989 corporation, association states no person, firm, or other organization shall corporation, association commence the construcor other organization shall tion, enlargement, alteracommence the construction, enlargement, improvement alteraof an tion, accessimprovement road or driveway tion, of an from private lands to a access road or driveway Town private Highwaylands located from to in a the Town of Colchester, Town Highway located in without having applied for the Town of Colchester, or obtained a Highway without having applied Acfor cess Permit afrom the Town or obtained Highway AcCodePermit Enforcement Officer. cess from the Town By order of the Town Code Enforcement Officer.of Colchester Town By order of theBoard Town of Dated: October 2019 Colchester Town16, Board Julie B.October Townsend Dated: 16, 2019 TownB. Clerk Julie Townsend Town Clerk NOTICE OF HEARING UPON PRELIMINARY NOTICE OF HEARING UPONBUDGET PRELIMINARY NOTICE BUDGET IS HEREBY GIVEN that IS theHEREBY Delhi Town NOTICE GIVEN that the Delhi Town
Board will hold a public hearing will on the Board holdPreliminary a public 2020 Budget the Town hearing on theatPreliminary Hall atBudget 6:45 pm,atonthe theTown 12th 2020 day of and Hall at November, 6:45 pm, on2019 the 12th that ofatNovember, such hearing any day 2019 and person heardany in that at may such be hearing favor or against prelimiperson may betheheard in nary or budget asthe compiled favor against prelimifor orbudget against as anycompiled item or nary items for or therein againstcontained. any item or Pursuant to contained. Section 108 items therein of the Town the proPursuant to Law, Section 108 posed salaries of the of the Town Law, the town proofficerssalaries are hereby posed of thespecitown fied as follows: officers are hereby speciSupervisor fied as follows: $11,364.00 Councilmember$11,364.00 4 each at Supervisor Councilmember 42,817.50 each at HWY Superintendent 2,817.50 40,000.00 HWY Superintendent Town Clerk/Tax Collector 40,000.00 34,571.94 Town Clerk/Tax Collector Justice 25,555.40 34,571.94 Assessor – Chairperson Justice 25,555.40 16,540.68 Assessor – Chairperson Assessors 2 each at 16,540.68 14,324.18 Assessors 2 each at The regular monthly Town 14,324.18 Board Meeting will beTown held The regular monthly at 7:00Meeting pm following the Board will be held Public at 7:00Hearing. pm following the Dated: Hearing. October 25, 2019 Public By order of the 25, Delhi Town Dated: October 2019 Board By order of the Delhi Town Elsa Schmitz Board DelhiSchmitz Town Clerk Elsa Delhi Town Clerk
NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC NOTICEHEARING IS HEREBY GIVEN that the 2020 PrelimiNOTICE IS HEREBY GIVnarythat Budget the Town of EN the for 2020 PrelimiSidney has been nary Budget for thecompletTown of ed and filed in thecompletoffice of Sidney has been the and Town Clerk, Grand ed filed in the44office of Street, Sidney, where the Town Clerk,N.Y., 44 Grand it is available forN.Y., inspection Street, Sidney, where during the regular hours it is available for inspection of that office. In this budduring the regular hours get,thattotal of office.appropriations In this budare $2,105,387 of which get, total appropriations $1,162,501 is to be are $2,105,387 of raised which by tax. The are $1,162,501 is following to be raised proposed salaries for electby tax. The following are ed officials: proposed salaries for electSupervisor $7,977.00 ed officials: Councilman, $2,873.75 Supervisor ea. $7,977.00 Town Justice ea.$16,801.00 Councilman, $2,873.75 Clerk/Collector Town Justice $45,042.00 $16,801.00 Highway Supt. $53,958.00 Clerk/Collector $45,042.00 FURTHER NOTICE IS GIVHighway Supt. $53,958.00 EN that the SidneyISTown FURTHER NOTICE GIVBoard their meetEN thatwill, theatSidney Town ing commencing 7:00 Board will, at theirat meetp.m.,commencing November 7,at 2019, ing 7:00 conduct a Public Hearing in p.m., November 7, 2019, the Board Room,Hearing 44 Grand conduct a Public in Street, Sidney, to the Board Room,relative 44 Grand said budget. Residents Street, Sidney, relative to have the right to Residents offer oral said budget. and/orthe written at have right comments to offer oral that time. and/or written comments at that time.
Dated: October 25, 2019 Lisa A. French, Town Clerk Dated: October 25, 2019 Lisa A. French, Town Clerk Notice is hereby given that the fiscal affairs given of Walton Notice is hereby that Central for the fiscalSchool affairsDistrict of Walton the period beginning on Central School District for July 1, 2018 and ending on on the period beginning June1,30, 2019, been July 2018 andhave ending on examined by anhave indepenJune 30, 2019, been dent publicby accountant and examined an indepenthat the management letdent public accountant and ter prepared in conjunction that the management letwithprepared the external audit by ter in conjunction the independent with the externalpublic audit acby countant has been filedacin the independent public my office has where it isfiled availcountant been in ableoffice as a where public it record for my is availinspection by all record interested able as a public for persons. Pursuant to §35 of inspection by all interested persons. Pursuant to §35 of
the General Municipal Law, the General governing board ofLaw, the the Municipal Walton Centralboard School the governing ofDisthe trict may, in itsSchool discretion, Walton Central Disprepare a written response trict may, in its discretion, to the management letter prepare a written response by the independent publicletter acto management countant and filepublic any such by independent acresponse and in my as a countant fileoffice any such public record for office inspection response in my as a by all record interested persons public for inspection not all later than November by interested persons 15, 2019. not later than November Dated: October 25, 2019 15, 2019. Walton October Central School DisDated: 25, 2019 trict Walton Central School DisWalton, New York trict By: S. Corey Walton, New Phraner York District Clerk Phraner By: S. Corey District Clerk
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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.]
26
October 30, 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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The Reporter
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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
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October 30, 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
Cogan, Roger C. & Joan D. Dunphy, Eileen A. (nka) Dunphy-Ayala, Eileen A. Bartelenghi, Richard A. Busti, Mary Gouldin, Robert A. (Ref) Singh, Swati (by Ref) OCTOBER 23, 2019 Bryden, James E. Reuland, Melissa Gillow, Rhonda M. Mastrandrea, Carl & Theresa J. Suda, Patricia Ann (Tr) Suda Family Revocable Trust (by Tr) Glynn, Dolores O’Brien, Lori Smith Hanley, Gerard F. Kiss, Kathleen M.
S/S/M*
>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
Annual Mean >10.00 0.05 8.00 0.30 0.50 3.00 10.00 40.00 3.00 5.00 0.007
S/S/M*
0.10 12.00 0.50 0.70 16.00 15.00 50.00 4.00 8.00 0.012
*S/S/M means Single Sample Maximum 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.
60006 NYC DEP
Grantor OCTOBER 21, 2019 Heisler, Richard A. & Linda R. Menke, Henry J. Graupman, Wanda L. (fka) Dabbs, Wanda L. Mackay, Edward F. & Susan Mackay, Eric Mackay, Edward F. & Susan Mackay, Eric Calhoun, Taylor W. & Jennifer C. Calhoun, Taylor W. & Jennifer C. McDanal, Julie Weingart, William John Stankowski-Chinich, Mari Mullenix, Ann M. OCTOBER 22, 2019 Amato, Mary Jo & Dana M.
Catskill/Delaware System (including Kensico)
Walton Reporter
Full pg
10” x 10”
10.7.19
pg 4
Real estate tRansactions Location
Grantee
Transfer Tax
Meredith Bovina Davenport
Wolfson, Charles & Ellen M. Christie-Irvine, Carolyn M. & Lee Graupman, Wanda L.
Andes
Mackay, Edward F. & Susan
0.00
Andes
Mackay, Edward F. & Susan
0.00
Davenport Davenport Sidney Middletown
Calhoun, Taylor W. Calhoun, Taylor W. Smith, Erwin & Margaret Farooq, Faisal & Kristin
0.00 0.00 12.00 1076.00
Delhi
ESE Equity, LLC
488.00
Middletown
Strait, Peggy Tang & Paul Stephen Strait, David Samuel Sidorowicz, Casey John Butassi-Sidorowicz, Maria Evangelina Nespral, Charo
640.00
Andes Roxbury Middletown Colchester Bovina Davenport Delhi Hancock Deposit Franklin Davenport Tompkins Davenport
Bartelenghi, Richard A. (Tr) Richard A. Bartelenghi Rev. Trust (by Tr) Baldo, Palmiro & Silvana US Bank Trust NA (Tr) LSF9 Master Participation Trust (by Tr) Kowalski, Joseph & Songhee Anderson, Douglas W. Murray, Gilliam Levina Kim Murray, Pamela M. & Michael A. Sollecito, Peter & Michelle Suda, Patricia Ann (Tr) Patricia A. Suda Revocable Trust (by Tr) Burgon, Helya Hanley, Gerard F. McGee, Rita M. Kiss, Stephen T.
2408.00 1100.00 0.00
136.00 250.00 0.00 80.00 986.00 320.00 70.00 660.00 10.00 0.00 0.00 0.00 3794.00
Grantor Foschino, Eugene P.
Location Andes
Spiegel, Joseph OCTOBER 24, 2019 County of Delaware (by Co Trea) Butler, Kevin (by Co Trea) County of Delaware (by Co Trea) DelMedico, Adrienne (by Co Trea) County of Delaware (by Co Trea) Ramage, Troy (by Co Trea) Shew, Allen R. & Bonnie J. Williams, Michael P.A. (aka)(by Atty) Williams, Michael (by Atty) Jones-Foster, Joanelaine (Ind & Atty) U.S. Bank, N.A. (Tr) Blue Water Investment Trust 2018-1 (by Tr) West, Michael (Ref) Laimo, Thomas R. (by Ref) O’Reilly, Sean (by Ref) Cosma, James (by Ref) Stevens, William S. & Matthew R. Early, Peter D. & Deborah A. OCTOBER 25, 2019 Kuehl, Roberta J. Layne, Russell M. Viola, Daniel F. (Exr) Viola, Lillian (Exr of) Viola, Daniel (Surviving Tenant)
Andes
Schliessman, Linda
Grantee Transfer Tax Bloom, Laurence R. (Tr) 140.00 Salzinger, Maria Eugenia Alfonzo-Larrain (Tr) Salzinger Dynasty Trust (by Trs) BH Decker, Inc. 50.00
Sidney
Harutyunyan, H.
0.00
Sidney
Harutyunyan, H.
0.00
Sidney
Harutyunyan, H.
0.00
Masonville Masonville
Shew, Kathleen A. Terry, Rodney M.
0.00 436.00
Deposit
Sapia, Afrose
96.00
Franklin
Federal Home Loan Mortgage Corp.
0.00
Andes Hancock
WAC of the NYC Watersheds, Inc. Horner, Laura M. & Kathleen
0.00 300.00
Walton
Palmeri, Joseph & Colleen
88.00
Meredith
Viola, Daniel (Tr) Daniel Viola Trust (by Tr) Viola, Daniel (Tr) Daniel Viola Trust (by Tr) Schliessman, Stephen W. (Tr) Linda Schliessman Family Irr. Trust Agree. (by Tr) Hess House, LLC
0.00
Meredith Franklin
Halloran, Peter (Tr) Katherine H. Halloran Trust (by Tr) Albano & Sons, Inc. Mountain View Village, Inc. Itzkovich, Adrienne
Middletown
Phillips, Bradley C. Moore, Dorothy
Middletown Sidney
Roxbury Stamford Middletown
Albano & Sons, Inc. SR Mobile Home Parks, LLC Shumalski, Curtis R. Kastanis, Christopher Phillips. Brian W. County of Delaware
0.00 0.00 0.00 0.00 1996.00 92.00 460.00 0.00