Forum For You

Woodbury fights K.J. pipeline

Multiple suits brought to halt construction

By Joshua Rosenau

Published Jun 30, 2013
Photo News
HIGHLAND MILLS – It was a packed house on Thursday, when Supervisor John Burke and Orange County Legislator Roxanne Donnery joined attorney David Gordon to discuss the pipeline currently under construction for the Village of Kiryas Joel and their efforts to stop it.

Conflict between the government of Woodbury and its residents and the actions of Kiryas Joel and its leaders deepened as construction crews this spring began burying sections of pipeline for a project that has yet to gain full approval from the state.

If built, the pipeline would convey water from the New York City viaduct to the Kiryas Joel. The pipeline is expected to expand water use in the village from 1.6 million gallons per day to 2.5 million gallons per day, with a maximum capacity of 6 million gallons per day.

Thursday evening, Burke called the K.J. project a direct threat to the future of Woodbury.

“This really is a gut-check meeting,” he said. “Every town, village, city would like to control its own destiny. That’s not a bad way to live: controlling our own destiny. However, there are many outside forces that are sticking their ideas, their thoughts and their desires into our destiny. It’s very upsetting. It’s constant.”

As opponents of the pipeline, Woodbury, Burke and Donnery are currently parties in multiple law suits, which were explained by Gordon, the man hired to mount their defense.

The central lawsuit is Woodbury’s case against Kiryas Joel for understating the environmental impact of the pipeline to the state Department of Conservation. Among other impacts, Gordon said that the increased water from the pipeline would result millions of gallons of added wastewater from Kiryas Joel that the county’s sewer facility at Harriman cannot thoroughly treat.

The suit also argues that a back-up well Kiryas Joel needs in order to connect with the New York City viaduct would harm the aquifer feeding a well already approved to supply 500,000 gallons per day to Woodbury.

Why the pipeline continues

Efforts to pause the pipeline have themselves been stalled in court.

Supreme Court Judge Francis A Nicolai denied a preliminary injunction that Gordon requested at his first court appearance for Woodbury, Gordon said.

Gordon has since made a formal injunction filing, but Nicolai’s deliberations have gone beyond the 20-day deadline. The judge is still undecided, Gordon said.

Though Woodbury and the adjacent town of Cornwall have joined together to oppose the project, the municipalities have no control over the work because it has be routed across county and state roads, Burke said.

Donnery said that County Executive Ed Diana agreed to give Kiryas Joel the permits it needed to begin building.

“Guess what? There isn’t a darn thing the town can do," Donnery said. "There’s nothing anyone can do about it because the permitting that was given was from our Orange County DPW.”

Burke said that county and state leaders responsible for approving the plans only came to Woodbury after the deal was done.

“It was a conscious decision. It was a strategic decision,” he said.

An attempt to slow the project through public protests by Burke and Donnery prompted attorneys for Kiryas Joel to file suit against them.
In response to that case, the judge has been asked to approve ground rules for public protests.

Both the case against Burke and Donnery and the rules for protests remain unannounced, Gordon said.

Next steps

Comments from the Department of Environmental Conservation have resulted in the state agreeing to a public hearing on the pipeline matter.

Once the date for the hearing is set, Gordon urged embers of the public with an interest in the project to go and make their grievances known.

“For the DEC, the squeaky wheel gets the oil,” he said.

Burke urged residents whose property may be affected by construction to photograph areas before and after to document any impacts.

With elections nearing, several in the audience implored audiences to call on their legislators and local representatives to take a stand on the issue.
As for exactly where Kiryas Joel will bury more pipe in the ground, Burke said that K.J.’s leaders are the only ones who know.

“We’ve been calling them every day and asking them,” he said. “So far, it’s worked.”
The pipeline project has yet to receive a permit from the state Department of Transportation to extend all the way up Route 32 to its final destination, Gordon said.

“That’s because they haven’t applied,” he said.

- See more at: http://thephoto-news.com/apps/pbcs.dll/article?AID=/20130630/NEWS01/130639999/Woodbury-fights-KJ-pipeline#sthash.hKnJNXdc.dpuf

Laying Pipe

Pipeline Forum

Times Herald Record
06/23/13

The Town of Woodbury has scheduled an information session on Thursday to discuss neighboring Kiryas Joel's water-pipeline construction and a dormant well the village hopes to connect to the pipe when work reaches the Mountainville section of Cornwall.
The forum will be at 7:30 p.m. at the Woodbury Senior Center at 16 County Route 105 in Highland Mills.
County Legislator Roxanne Donnery, Woodbury Supervisor John Burke and New Paltz attorney David Gordon are set to speak. Gordon represents the Town of Woodbury and the villages of Woodbury and Harriman in litigation over the well and pipeline.
Earlier this year, Kiryas Joel began installing a 24-inch-wide pipe along the side of Orange County Route 44 in Woodbury for the first of what it says will be two phases of construction of a 13.5-mile pipeline to the Catskill Aqueduct in New Windsor.
The current litigation seeks to stop the work until the village has gotten all permits for the project.


Chris McKenna

Electile Dysfunction

The Village Elections are this Tuesday, June 18th.

So what, you might say, the current board members are running unopposed.

The "so what" is that elected officials need to know you're out there, paying attention.  And even if you're not, you can at least fake it by voting!

The polls are on the upper floor of the Highland Mills Fire House.  Voting is from 6 AM 'til 9 PM.

Fake it like you mean it.

Go and vote!

Just Sleeping

A Repost

The Uncle was blown away by this piece by Charles Pierce, in Esquire.
Apr21, 2013
The Day After -- Midnight On Franklin Street
By Charles P. Pierce
at 2:00AM

WATERTOWN, Ma. -- There was something very comforting about the sawhorses. There were three of them at each end of the loop that Franklin Street makes between Mt. Auburn Street and Walnut Street here. There were no metal fences. There were no concrete barriers. There was no razor wire. There was police tape, stretched by the cold and freshening wind as a front began to blow through, a chilly Saturday night becoming a cold Sunday morning. It was midnight on Franklin Street, and if you didn't know what had happened there the night before, you would see the sawhorses and think that a water main had broken, or that, maybe, they were patching potholes down the road. Probably a bunch of city workers, you'd think, three men to a shovel, and two of them with uncles on the governor's council. Featherbedding dickbrained layabouts. And that would be what you would think, until you looked past the sawhorses and down the road, and saw the cops moving silently in an out of small circles of light, the reflecting tape on their vests still visible as they moved back into the dark again. Still, the sawhorses were comforting. The ordinary was comforting. The mundane was comforting. It might as well have been a water main break on Franklin Street at midnight Saturday night.

The sawhorses were comforting because the events of the past week are now getting fed into a number of gigantic maws, none of which are likely to do the rest of us any good. They are being fed into the big media maw, with speculation now completely rampant as to what launched the Tsarnaev brothers on their crime spree. While Dzhokhar Tsarnaev was still at large, with a few notable exceptions -- coughNewYorkPostcough -- big media went out of their way to appear responsible. Now, though, with the younger suspect on a respirator at Beth Israel, all the shackles were off, and we spent the day hearing wild speculation of what may have been behind the murderous doings in and around Boston last week. The events also are being fed into the maw of big politics with the federal government invoking the "public safety" exception to the Miranda ruling in connection with a 19-year old who is, at this moment, breathing through a tube and who, anyway, by all the evidence available at this moment, appears to be still little more than Dylan Klebold with a funny name and a pulse.

(His older brother, Tamerlan, however, whom Dzhokar apparently ran over and killed while fleeing the firefight that erupted on Thursday night, seems to have been a different, tougher character. Of course, the fact that the Russians were concerned about Tamerlan is no surprise. They have good reason to worry about Chechen terrorism. If they asked the FBI to keep an eye on Tamerlan, it likely was because they were worried he was going to do something in Russia. It does not necessarily follow that the FBI should have known he was a threat here.)

But invoking the exception to Miranda keeps the "international terrorism" balloon aloft. (I don't even want to think about those gobshites on Teh Sunday Showz and the meal they're going to make of this.) It also gives Boston U.S. Attorney Carmen Ortiz a chance to make something of a career comeback. Most recently, Ortiz was being roasted over a slow flame for what appears to have been a bullshit prosecution of cyberactivist Aaron Swartz, which ended when Swartz killed himself. With Congress sniffing around her pursuit of Swartz, Ortiz's promising political career seemed to be considerably derailed. Now, though, she's been handed the biggest terrorism case since Zacarias Moussaoui. You can hardly expect her not to jump on this one with both feet. One of the worst things that ever happened to Dzhokhar Tsarnaev may have been Aaron Swartz's suicide. So this goes into the steroidal terrorism precincts of the Department of Justice, and that, which was good enough for Tim McVeigh and for the first World Trade Center bombers, still isn't good enough for John McCain and Lindsey Graham, and the deluded members of the courtier press who still believe that either one of those clucks is some kind of an authority on the subject, let alone a national leader. Dzhokhar Tsarnaev's a criminal defendant, not a soldier. He's a multiple murderer, not an enemy combatant, and he doesn't have to be an enemy combatant just because Huckleberry Closetcase is worried about a primary next time around. He also is, you may recall, an American citizen, and that ought to make all the difference.

The comfort of the ordinary. The comfort of the mundane. Let's just have a trial. Let's just have an open and honest trial, with all the evidence right there in the open, and not whispered piecemeal and half-baked out of Spookworld to Richard Engel or Barbara Starr. Let's have an open and honest trial with no showboating from an embattled U.S. Attorney, and all the evidence laid out there in good, honest cop-speak -- "The suspect said..." "The suspect did..." (One of the most startling examples of this came during the sanity hearing granted serial killer Jeffrey Dahmer in Milwaukee when, reading from his own notes, one of the arresting officers testified, "The suspect stated it takes about an hour to boil a head.") We can do that here. When the British Crown sought to enforce the Writs Of Assistance in 1761, it was a Boston lawyer named James Otis who told the court:

Let the consequences be what they will, I am determined to proceed. The only principles of public conduct that are worthy of a gentleman or a man are to sacrifice estate, ease, health, and applause, and even life, to the sacred calls of his country.

And when, nine years later, a colonial court sought to convict British soldiers for their conduct in what was called The Boston Massacre, it was a Boston lawyer named John Adams who acted, essentially, as their public defender, arguing,

"I had no hesitation in answering that Council ought to be the very last thing that an accused Person should want in a free Country. That the Bar ought in my opinion to be independent and impartial at all Times And in every Circumstance. And that Persons whose Lives were at Stake ought to have the Council they preferred: But he must be sensible this would be as important a Cause as ever was tried in any Court or Country of the World: and that every Lawyer must hold himself responsible not only to his Country, but to the highest and most infallible of all Trybunals for the Part he should Act. He must therefore expect from me no Art nor Address, No Sophistry or Prevarication in such a Cause nor any thing more than Fact, Evidence and Law would justify."

These were British soldiers in the streets of Boston, firing on crowds. John Adams did not recognize a "public safety exception" to their right to counsel. We stood up to an empire here for the right to judge our own people for their own crimes by our own laws. We can do this thing here. Hell, we invented this thing here. Seeing Dzhokhar Tsarnaev walk into an ordinary courtroom in an ordinary courthouse on as ordinary as day as possible would be worth a hundred healing services, and a thousand well-sung National Anthems, and a million waving flags in terms of restating who and what we are. It would be as comforting as the sawhorses at either end of Franklin Street, where there might as well have been a water main break, as a chilly Saturday night turned into a cold Sunday morning, as one lone pedestrian chased his hat as it blew down the sidewalk in front of him. The cop at the end of Franklin Street didn't even turn around. He just wandered down into the dark, and then into the light again.

Read more: The Day After -- Midnight On Franklin Street - Esquire http://www.esquire.com/blogs/politics/Midnight_On_Franklin_Street#ixzz2R87jvbC9

The DEC Wakes Up

YNN 4/19/13
ORANGE COUNTY, N.Y. -- Another snag in the Kiryas Joel pipeline. The Department of Environmental Conservation announced Friday that they will hold a public hearing on Kiryas Joel's plan to connect to a well in the Town of Cornwall.

This comes in response to concerns voiced by county legislators and Woodbury town officials, along with a number of other organizations and groups.

Crews are currently working on the 13-and-a-half mile long pipeline along County Route 44 in Woodbury despite not having the necessary permits from the DEC to tap into the well.

The Town of Woodbury Supervisor says he's looking forward to the hearing.

"We're grateful that they're going to give us an opportunity to present scientific evidence, as well as information from a wide variety of groups who have expressed concern," said Town of Woodbury Supervisor John Burke. "They also received documentary evidence that we feel would say we can't have two wells drawing from this aquifer, which would not be able to handle that withdrawal of water."

The date and time of the legislative hearing have not yet been determined.

Your News Sores

In the News Business you can get it first or you can get it right.

At CNN we get it first!

We Will Run Towards

Terrorism fails if we are not afraid.

Get On The Bus

A transporting note from Jame Skoufis:


Just a quick reminder of tomorrow's demonstration and busing up to the KJ Pipeline site. I hope you can join us as we make our voices heard:

Date: Monday, April 15
Time: 7:30am, sharp
Place: Rear of Woodbury Town Hall (511 Route 32, Highland Mills)

Thank you everyone and hope to see you tomorrow!

Getting Piped By Eddie

The story so far:

New York State's and New York City's environmental agencies (The DEP and the DEC) have not yet issued permits to the Village of Kiryas Joel to build their pipeline to hook the Village into NYC's water feeder system, but Orange County has has already issued them a permit.

Last Friday the County Legislature passed a resolution directing the
County to halt work until the DEP and DEC issues their permits.

County Executive Ed Diana is claiming that he resolution isn't binding on him.

Meanwhile KJ is already excavating on 7 Springs Mountain Rd, just west of Forest Rd.

What You Can Do:

Assemblyman James Skoufis is calling on county residents to call and email Ed Diana (ceoffice@orangecountygov.com, 845-291-2700) and tell him you want tohalt work pending those permits.

According to Skoufis, callers to Diana's office immediately get transferred to the Legislative Clerk (the old "Don't bother me, it aint my problem."), so start the conversation with "DON'T TRANSFER MY CALL!"  Then be prepared for them to be rude to you or to hang up. They'll still know that you called.

You can also go join James Skoufis, Roxanne Donnery and others on site.

Skoufis has put out the following:
Due to the fact that there's no parking at and around the pipeline construction site, I and others are planning to organize buses to take people up and make their voices peacefully heard. Things are moving fast and I'm asking you to please make a small contribution at this link to help us pay for the costs of buses and other expenses:
https://secure.actblue.com/contribute/entity/29340


Chris Mckenna
Times Herald-Record
Published: 11:38 AM - 04/10/13
MONROE - A protest against Kiryas Joel's construction of a pipeline that would allow the village to tap the Catskill Aqueduct was suspended Wednesday afternoon, when work crews installing the pipeline quit for the day.

Orange County Legislator Roxanne Donnery had initiated the demonstration Wednesday morning, parking her car in the path of construction along County Route 44 in an attempt to slow or halt work on the pipeline. She was joined by Woodbury Supervisor John Burke and state Assemblyman James Skoufis a few feet from crews who were preparing lengths of pipe to be installed in the ground.

Police agencies responded to the scene, but no one appeared to have been charged with any wrongdoing. The protest ended about 2:30 p.m. when crews stopped working for the day.

Donnery said she was protesting County Executive Ed Diana's failure to enforce a resolution the county Legislature passed Friday to block the construction until the village secures permits it needs from the state and New York City for its planned Catskill Aqueduct connection. Donnery, who has announced she is running for county executive, said that Diana has not returned numerous phone calls.

The county had already issued a permit allowing the pipeline work on county roads before the resolution was passed. Kiryas Joel recently began building the pipeline, which is planned to run 13.5 miles through Woodbury and Cornwall and tap New York City's water tunnel in New Windsor.

Waiting for Go Know

From the 1/17/13 meeting minutes:




John Smith asked what the plan was to fill the vacant seat on the Board. Supervisor Burke stated the vacant seat expires December 31, 2013. The Board can either fill the seat by appointing someone or leave it vacant and allow the pubic to decide in the election later this year. At this time he feels the Board functional with just four members. If it appears that a fifth person becomes necessary, then it will be considered. He stressed that the Board feels the public should choose the person rather than them appointing someone. Mr. Smith then asked if the Board has considered repealing the Initiative Law that was adopted at the urging of former Councilman James Skoufis. Supervisor Burke stated the Board has not discussed the issue at all. Mr. Smith then asked that the Board consider taking action on its repeal.

Please Have Your Pet Rock Spayed or Neutered!

Lost Dog

Jack Russell Terrier

White with tan ears

25 pounds

Last seen on Ridge Road and Seven Springs Mountain Rd.

on 1/11/13

If seen please call:

845-417-2108