Private property rights advocate addresses Highland Board

Urges withdrawal of Greenway support

By SANDY LONG and FRITZ MAYER

ELDRED, NY — Longtime river valley private property rights advocate, Noel van Swol, raised the specter of hidden governmental controls at the monthly meeting of the Town of Highland on September 11. Van Swol presented his impassioned perspective that loss of local control would occur if Senator Bonacic’s Greenway bill comes to pass. “Senator Bonacic is adamantly in support of this, however, he can’t guarantee that the legislature and the governor won’t impose additional restrictions in the future,” charged van Swol.

The Town of Fremont resident and Sullivan West Board of Education member distributed copies of documents he initially drafted in 2004 in opposition to the greenway bill and urged the town council to withdraw its earlier support. Van Swol’s renewed activism comes in response to recent activity related to the proposed Upper Delaware River Greenway.

Although legislation to create the Greenway was vetoed by Governor Eliot Spitzer on August 28, a new version of the legislation has already been written and will be considered by lawmakers when they return to Albany in October. The initial bill was sponsored by Assemblywoman Aileen Gunther.

Among the problems cited by Spitzer in his veto memo to the assembly was that the act “does not create a legal entity, such as a public benefit corporation, to exercise the powers which the bill would give to the proposed greenway council.”

Gunther’s legislative aide, Steve Wilkinson, said the New York State Department of Conservation (DEC) and the New York State Office of Parks, Recreation and Historic Preservation identified the problems in the last session, and they mostly had to do with issues such as where the money dedicated to the greenway would be held and other procedural matters.

He added, however, that Gunther’s staff has already met with the DEC and the parks department, as well as Senator John Bonacic’s office. He said the new legislation was introduced in both the assembly and senate in June.

The new bill authorizes the City of Port Jervis, Village of Hancock, and Towns of Deerpark, Lumberland, Highland, Tusten, Cochecton and Delaware to form a Greenway Council to “undertake all necessary actions to facilitate the creation of an Upper Delaware River Greenway.”

The bill addresses the concerns about funding by establishing the Upper Delaware Greenway Fund, which will be in the joint custody of the state comptroller and the commissioner of taxation and finance.

In justifying the legislation, the bill states that New York State has focused monetary resources on the Niagara and Hudson Rivers and in so doing has given the communities along those rivers a statutory preference in terms of various state grant programs, as well as direct state aid. The bill argues that “there is no reasonable basis for distributing state funds to river communities along the Hudson and Niagara while ignoring the Delaware, particularly when the Delaware River communities are experiencing increased growth pressure and are exercising the same degree of intelligent planning and management of resources that those along the Hudson and Niagara are.”

During his address, van Swol described the bill as “a proposal to add another layer of government to the river corridor,” citing the Upper Delaware Scenic Byway and the Upper Delaware Scenic and Recreational River designation. He told the group that the Town of Fremont and the Town of Hancock have sent letters to Gunther and Bonacic saying they want no part of it. “There’s suspicion that the greenway could prevent the opening of new quarries and might prevent harvesting of timber by landowners,” he added.

“Bonacic has said that you’ll be promised grant money, but what good is it if you give up control of your towns?” van Swol asked. “Your entire town would be in the corridor,” van Swol said, then added, “Do you want to give up control of your zoning, or keep it on a local level?”

When a resident suggested that preserving landscapes and natural resources is also important, and that the greenway would be an effective tool for this, van Swol said, “If you like the view and you want to preserve it, buy it.”

Highland dog control officer Rose Paolini said that the town should seek additional information from other perspectives before making a decision. Resident Larry Fishman urged the board to invite Gunther and Bonacic to a public hearing on the matter. Councilman Donald Rupp agreed to coordinate the session.

Councilman Andrew Valenti asked van Swol to provide recommendations to the town regarding “safeguards, checks and balances,” that should be considered. Valenti then added, “I want to clarify that the Upper Delaware Scenic Byway is not a layer of government, based on my four years of involvement. It’s mostly about beautification.”

Fishman urged that the town keep its options open and look for other potential benefits to supporting the greenway resolution. “It might be something worth engaging if we could achieve a good compromise like we did with the NPS when it came in,” he added.

In concluding, van Swol said, “I’m the suspicious type, a cynic. I view this as a back doorway to extend governmental control over the river valley.”

From the Upper Delaware Greenway bill

A. 9297, Section S50-0101. Legislative findings and intent:

“The Upper Delaware River Corridor features extraordinary natural resources, unique scenic beauty, and important economic assets, making it an area of great significance to the people of New York State. This article is intended to allow communities along the Upper Delaware River to voluntarily join in a collaborative effort to protect and enhance the environment and economy of this special corridor by increasing access to the river, conserving open space, providing for increased recreational opportunities and supporting economic development opportunities.”