New law strips NYRI of state eminent domain power

ALBANY, NY — Governor George Pataki has signed into law legislation sponsored by State Senator John Bonacic (R/I/C—Mt. Hope), stripping New York Regional Interconnection (NYRI) of its right to use eminent domain to seize private land under state law.

Under New York law, transportation companies have the right to seize private property by right of eminent domain for the purpose of building transportation infrastructure for the public. NYRI, which has proposed to build a power line, part of which would run through the Upper Delaware River Valley, has filed as a transportation company on the grounds that it transports energy. It has also stated that the result of its power line would be higher rates for upstate customers. The new law prohibits companies from taking land by eminent domain if the result will be higher costs to consumers, thus blocking NYRI’s ability to seize land for this project.

The issue of eminent domain may arise again at a federal level, however. Under federal law, the Delaware River Corridor may still be named as part of a National Interest Electricity Transmission Corridor, trumping local laws and regulations.

Timely call wards off car-train wreck

HANKINS, NY — An accident was narrowly averted Monday, October 1 when Jennifer Freiermuth, 36, of Beach Lake, PA, got stuck on the Norfolk Southern Railroad tracks about 7:30 p.m. when trying to turn off Creamery Road to Route 97. Sheriff’s deputies, assisted by New York State Troopers, were called to the site, which was being rapidly approached by a southbound Central NY freight train. Sgt. John Watson of the sheriff’s patrol succeeded in contacting the railroad, and the oncoming train was halted in Long Eddy, just a few miles north of Freiermuth’s car.

Freiermuth was subsequently arrested for driving while intoxicated and released on her own recognizance. She will appear in the Town of Fremont Justice Court on November 14 at 7:00 p.m.

Callicoon fire department wins six-figure grant

WASHINGTON, DC — The Callicoon Volunteer Fire Department has been awarded a $143,602 federal grant to replace and update gear for its firefighters.

The grant request was written by Deborah L. Worden, Community Educator of Cornell Cooperative Extension of Sullivan County. Worden, who has written a successful Assistance to Firefighters Grant (AFG) application for her hometown of Equinunk, PA and attended a workshop on writing such grants sponsored by Congressman Maurice Hinchey, has conducted a training workshop for more than 15 volunteer fire companies in Sullivan County to help them make similar applications.

“Providing these critical funds for new and improved safety gear is the least we can do for the members of the Callicoon Volunteer Fire Department, who risk their lives day in and day out to protect their community and answer their community’s calls for assistance without payment for their invaluable service,” Hinchey said.

Arrest made in mailbox vandalism case

NARROWSBURG, NY — The Sullivan County Sheriff’s Office has made an arrest in a case of mailbox vandalism that took place early in the morning on September 25, when approximately 20 roadside mailboxes were smashed on Lenni Lenape and Skipperine roads. Sullivan County sheriff’s deputies, in cooperation with the Pennsylvania State Police in Honesdale, developed a lead on a suspect vehicle. That information led to the arrest of 18-year-old Shane Cardone of Narrowsburg on September 27.

Cardone has been charged with Criminal Mischief in the third degree, a felony, arraigned before Town of Tusten Judge Thomas Nuttecombe and committed to Sullivan County Jail in lieu of $2500 bail.

Cardone will be back in court on October 17.

Sullivan County preliminary budget

The preliminary budget for Sullivan County, presented on October 3, by new county manager David Fanslau, calls for a three-percent increase in real estate taxes, and cutting 183 positions from the rolls of county employees. All but 42 of the layoffs would come through attrition.

The county has been trying to raise sales taxes and room taxes to bridge the current budget gap, but that effort has been blocked in Albany.

County chairman Chris Cunningham released the following statement regarding the cuts. “No one wants to cut programming or lay off workers, but in the absence of revenues that would have resulted from the proposed sales and hotel occupancy tax increases, the county needed to seriously examine its operations… If the county manager had not eliminated these positions or used money from our fund balance, the county would have faced a 19-percent property tax increase instead of the proposed three-percent increase, a figure the legislature would have found totally unacceptable.”

Legslator Rodney Gaebel said “Ultimately, the success of the 2007 budget will boil down to the Legislature having the backbone to support the budget as it is, and to move smoothly forward towards a greater fiscal responsibility in the future.”

Clinton report shows NY farmers hit by unfair trade

WASHINGTON, DC — Senator Hillary Rodham Clinton has released a report that details the negative impact of Canadian trade practices on New York’s farmers and growers.

The report, compiled with the help of the New York Apple Association, the New York Horticulture Society, the Northeast Council of Dairy Cooperatives, the New York Farm Bureau and the Empire State Potato Growers, details the impact of Canadian subsidies and trade barriers on dairy, fruits, vegetables, wine and agricultural products. It concludes that while Canadian growers have little problem accessing New York markets for their produce, New York farmers and growers experience severe restrictions on selling their products in Canada.

A full copy of the report may be found clinton.senate.krov/documents/news/09 28 06 canada.pdf.