Assembly passes greenway legislation

ALBANY, NY — A measure to create an Upper Delaware River Greenway, sponsored by Assemblywoman Aileen Gunther (D/C-Forestburgh), has been passed by the New York State Assembly. Companion legislation sponsored by Senator John Bonacic, (R/C-Mount Hope), who also originated the proposal, was passed in the Senate at the end of last year, but the assembly did not go back into session after the bill was passed and the process of passage by both houses needed to be repeated this year. It is expected that the Senate will again pass the legislation, according to a Bonacic spokesman.

If signed into law, the greenway legislation would provide funds to improve the scenic, natural, cultural, historical and recreational assets of Delaware River Valley communities including Port Jervis, Hancock, Deerpark, Lumberland, Highland, Tusten, Cochecton and Delaware.

New regulations for dam owners

ALBANY, NY — The New York State Department of Environmental Conservation (DEC) has announced a proposal that requires more dam inspections, regular maintenance, better recordkeeping and emergency planning. The draft regulations require owners to demonstrate that their dams are being properly maintained and meet modern safety standards, and includes specific responsibilities a dam owner must implement to ensure ongoing safety. To ease the regulatory burden on individuals and farmers, DEC’s proposal broadens existing exemptions to exclude more small dams from the need to obtain a construction permit and from a limited number of safety requirements.

The draft regulations, instructions for submitting comments and public hearing dates have been posted at www.dec.ny.gov/regulations/propregulations.html. The DEC will accept public comment on the proposals until May 17.

Campaign sign lawsuit settled

PIKE COUNTY, PA — The Federal Civil Rights action filed by 2007 Pike County Democratic Party candidate Michael Meachem against seven Pike County municipalities has been resolved, via a federal meditation session that took place on February 14. Meachem’s lawsuit claimed that municipal ordinances placing various restrictions on political signs violated his First Amendment rights to free political speech. Morey M. Myers, a Scranton attorney and former General Counsel to Governor Robert Casey, mediated the dispute.

As part of the agreement, the municipalities will amend their ordinances so that temporary political signs may be erected without permits and fees. Also agreed upon were steps to ensure traffic safety and post-election clean-up. The ordinances in question will be changed in time for the November Presidential election.

Meachem was represented by Lawrence M. Otter, a prominent First Amendment and election law attorney.

Widow sues over shooting death

BARRYVILLE, NY — The widow of Lester Devens Jr., who was shot to death by Lumberland constables on December 9, 2006, has filed a lawsuit against the town and the two constables who fired the fatal shots, John Cuomo and Victor Czuback.

The constables went to Deven’s house on Van Tuyl Road after officials received an interrupted 911 call, which was allegedly cut off when Devens pulled the cord out of the wall while arguing with his wife Martha Klopchin. At the time, Devens, 42, was on probation for attempting to set his house on fire and for injuring his wife in 2004.

An investigation after the shooting incident by state police and the sheriff’s office found that the shooting was justified, and that the officers acted only after trying to subdue the intoxicated and enraged man with pepper spray. A few weeks later, a grand jury cleared Cuomo and Czuback of any wrongdoing.

The constables said Deven was armed with a 10-inch kitchen knife and he lunged at them. However, the lawsuit filed by Klopichin says that Devens was not armed with a knife or any other weapons, and he did not threaten the constables.

The lawsuit seeks unspecified damages for loss of companionship and financial support.

Pike gets recycling grant

HARRISBURG, PA — Pike County has received a state grant of $24,408 as part of a grant program designed to encourage recycling programs. Pike, one of 57 counties to receive a grant, will use the funding as reimbursement for a portion of salaries and expenses associated with employing recycling coordinators.

“Having dedicated personnel at the county level is essential to improving the performance of recycling programs and participation rates of citizens,” said Governor Rendell. “These coordinators are organizing community collection efforts, analyzing financial data for their respective programs, meeting with companies to identify new markets, and acting as a key liaison between the county and the state. Ultimately, the county coordinators are playing a large role in helping these programs become financially self-sufficient.”

Revolutionary wind turbine approved

LOCH SHELDRAKE, NY — The Town of Fallsburg Planning Board has unanimously approved the construction of a pioneering wind turbine whose paddle-like blades move with the wind. Traditional wind turbines have blades like propellers that move at a 90-degree angle to the wind. The Fallsburg turbine, which will be about 111 feet tall, will be the first large-scale version of its type in the world, and is expected to generate 3.69 kilowatt hours a year.

The structure should be finished by the end of May. As a condition of its approval, there will be a review conducted by an independent party after a year to evaluate the turbine’s noise impact and its effect on birds.

A second proposal for a traditional 250-foot-tall turbine is still before the board.