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Ulster County Dispatch
Hein 'Stunned' by Aqueduct As Dems Question Attorney

KINGSTON – In a hastily-called press conference March 7, Ulster County Executive Mike Hein released documentation of what he called "stunning news" that reveals the existence of a waste channel that the DEP could have been using as an alternative to the months-long water releases that wreaked havoc on the ecosystems of the lower Esopus River.

Hein said he's been meeting with NYC DEP officials for more than eighteen months, who have repeatedly argued that "mud or flood" is the only available option to manage the Ashokan Reservoir, justifying the daily release of 600 million gallons of water that created silt-laden turbid water and left the lower Esopus looking like Yoo-hoo.

The county executive said that he confirmed with NYC DEP Deputy Commissioner Paul Rush that the Hudson River Release Chamber was engineered into their system to enable water discharges that flow directly into the Hudson River. Hein added that, if made operational, the release chamber would allow for the removal of turbid water from the Ashokan through the Catskill Aqueduct into the Hudson River at a location well below the drinking water intake for multiple communities along the Hudson.

The county executive accused city officials who manage the Ashokan Reservoir of suppressing information regarding the alternative release channel, something DEP spokesman Farrell Sklerov has denied. He was recently quoted saying the chamber has never been a secret and was discussed openly in meetings with members of Riverkeeper and Ashokan Release Working Group.

Riverkeeper's Tina Posterli said it was her organization that called attention to the release chamber, which the DEP immediately dismissed as an alternative because the valve is over 100 years old. She said Riverkeeper supports county executive Hein's position that the DEP needs to thoroughly evaluate all alternatives in a public setting.

During the press conference, Hein said he was calling on the NYC DEP to immediately release all documents regarding the Hudson River Drainage Chamber and "all potential alternatives to polluting the Lower Esopus.

In other county news, Tuesday night's Ways and Means Committee exposed the simmering hostility between Republicans and Democrats when Legislator Provenzano, D-Kingston, criticized resolutions containing contracts, specifically that with the law office of Bonacic, Krahulik, Cuddeback, McMahon & Brady, LLP for legislative counsel in the form of law firm employee Langdon Chapman.

Provenzano argued that hiring a law firm as opposed to an individual as counsel to the legislature goes against the intent of the charter.

"We were told we were hiring an attorney, not a law firm," the former Minority Leader said.

Hector Rodriguez, D-New Paltz, called the fact that the contract falls only $275 below the $50,000 threshold that would subject the contract to a full legislative vote, "curious." And Tracey Bartels, D-Gardiner, said the effort represents "a deliberate attempt to circumvent the issue" while citing the possible indications of engaging a firm that can subcontract and potentially cost the county more.

During a subsequent Democratic caucus, Minority Counsel Chris Ragucci said the county Charter is ambiguous on whether hiring a law firm is allowable, but noted that its language refers to counsel as he or she, which would imply an individual, and not a firm.

Not all Democrats support Provenzano's position.

Rich Parete, D-Accord, said the argument was moot.

"Good, bad or indifferent, the chair gets to choose counsel," he said.

Robert Parete, D-Stone Ridge, agreed, as did John Parete, D-Boiceville.

"We're looking bad here," the elder Parete said. "If there's an ethical question or conflict of interest, Mr. Chapman will have to decide at that time whether to recuse himself."



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