They used that oily substance where???

One of the "technical" booklets pertaining to the activities at the Scully Toxic Waste Dump site on Valley View Road in the Town of New Hartford and that can be downloaded from the Lockheed Martin website is entitled Health and Safety Plan - Scully Site. On pages 3 & 4, it is noted:

2.1.2 Site Background/History

The Site was originally operated as a waste hauling and disposal business until the 1950’s by Austin and Elizabeth Scully, Stanley Scully’s parents. During this time, the Site apparently accepted household and industrial refuse which was deposited on
a steeply sloping escarpment that extends down to Sylvan Glen Creek on the eastern side of the study area. Review of available aerial photographs during the Remedial Investigation indicated that waste disposal activities began sometime between 1948 and 1957. Furthermore, these photographs suggest that the refuse area was devoid of significant vegetation until sometime in the mid 1970’s. Stanley Scully began operation of the S.O.S. Septic Tank Service from the Site in the 1960’s. This was primarily a septic tank repair/cleaning service where the pumped tank contents were legally disposed by spreading on farm-lands. However, the S.O.S. Septic Tank Service also reportedly disposed of liquid industrial wastes as well as septic wastes at the Site. These may have included liquid waste which S.O.S. Septic Service removed from the General Electric Company (GE) French Road plant located in Utica, New York between 1966 and 1973.

Mr. Harold Mallory, a former employee of S.O.S. Septic Tank Service, had alleged that liquid wastes were removed from several drums at the French Road facility and transferred to a 1,500-gallon tank truck. Subsequently, these materials were transported to the Site and deposited in two trenches located in the upper portion of the property. After emplacement into the trenches, the liquid wastes were allowed to infiltrate into the ground. According to Mr. Alsace Cragnolin, owner of the adjacent property to the north, liquids may also have been used for controlling dust on the driveway leading to the barn and trench areas.

In a March 25, 1985 Daily Press article, Stanley Scully, owner of S.O.S. Septic Tank Service, said he spread the mixture on dirt roads throughout Oneida County, but doesn't remember where.

Concerned Citizens found another news article that might shed some light on Mr. Harold Mallory's allegations and Mr. Scully's recollection.

First some history. Mr. Scully and Mr. Cragnolin owned neighboring parcels of land on Valley View Road. One of the Cragnolins worked for Mr. Scully in his garbage hauling business. Peter Cragnolin was the developer for the homes on Taber Road also known as the Glen Acres Development, located just down the hill from the Scully dump site. It is safe to say that the Cragnolins and Scullys know each other.

In a Sept. 21, 1961 article in the Daily Press it was noted:

A delegation of the Glen Acres Association complained to the board [New Hartford Town Board] over the condition of Taber Rd.

Donald Fredericks, 37 Taber Rd., spokesman for the delegation, asked if Taber Rd. residents were not entitled to have the road properly maintained.

Evan E. Roberts, supervisor, said the road has not been accepted by the town. He said it was a town policy not to accept a road in a development until 75 per cent of the lots were built on.

Fredericks said there were about 50 lots and 16 to 18 houses built in the development.

Robert Morris, town attorney, said the developer, Peter Cragnolin, 31 Taber Rd., posted a $7,000 performance bond with the town and that it is up to him to maintain the road. The bond was posted Aug. 6. 1957. Fredericks said conditions on the road had been bad "for five years." He said the road was oiled by Cragnolin recently and the oil "just laid around in puddles. It ruined $1,200 worth of rugs I have in my living room," Fredericks said.

Now we'll ask again...where did Mr. Scully dump that oily substance? If the oily substance was used over on Taber Road to keep down the dust, did the D.E.C. test the soil over there or did they just assume that the contamination was contained only on the land owned by the Scullys? And if General Electric wasn't involved until 1966, as reported on the Lockheed Martin website,

"S.O.S. Septic Tank Service reportedly transported industrial waste from the former General Electric Company (GE) French Road plant in Utica, N.Y., from 1966 to 1973 and disposed of the waste at a property located at 204 Valley View Road in New Hartford"

then just where was Mr. Cragnolin getting the oily substance that lay in puddles in the middle of Taber Road in 1961? More importantly, who was minding the store when Mr. Scully was still using a dump site in 1966 that was closed by a Supreme Court order in 1961?

As we all know, water runs downhill and indeed it does in the Sherman Hills area of New Hartford...a constant area of stormwater flooding problems. So just what will you find seeping into your yard next time it rains and what has already been deposited there?

Yet the Observer Dispatch says Valley View Contamination Cleaned Up. According to that article:

...site uses for the 2.3-acre property will be limited only by town laws and zoning, said Stephen Litwhiler, a spokesman for the state Department of Environmental Conservation.

That means even more residential development...more impervious surfaces...more stormwater runoff...more...more...more! Look out below!!

There are so many questions when you really start to look into this situation...is a Class Action lawsuit just waiting around the corner? Have something to add to our story. Email us or use our anonymous tip line...we want to hear from you.

If you haven't read Strikeslip's blogs on this subject, here are the links:

Toxic Cover Up in New Hartford

Different Treatment?

Scully Toxic Dump Site, Valley View Road...

One of the items on the agenda tonight under Public Presentations is Old Scully Dump Site, Valley View Road. Long-time residents may remember the smell from the burning underground fires and the concerns that were raised in the early 1960s. However, people who have recently moved to New Hartford may have never heard about the site. Certainly anyone attending the recent Southern Area Generic Environmental Impact Statement (GEIS) informational meetings didn't learn anything about the old Scully dump site.

Back in 1961, the private dump owned by Mrs. Elizabeth Scully and her son Homer came under fire by the New Hartford Town Board. According to an Utica Observer-Dispatch article dated January 5, 1961:

The Town Board of New Hartford--which has been searching unsuccessfully for a town dump--began action last night that may close one of the private dumps in the town...

The board adopted a resolution asking the town attorney to see if the board could proceed under zoning ordinances to close the dump on Valley View Rd...

[Town] Board members also passed a resolution requesting Fire Chief Ed Roman to put out an underground fire in the dump that has been burning since November 19 [1960]...

A court case ensued and several subsequent Observer Dispatch articles were written on the dump and the court case:

March 7, 1961

April 14, 1961

April 15, 1961

Finally on July 5, 1961, Supreme Court Justice Howard Ringrose granted a court order to close the dump.

Then, twenty-five (25) years later, according to an August 30, 1986 Observer Dispatch article:

"State environmental officials plan to take soil and water samples on Sept. 10 near an old dump in the town of New Hartford to determine whether hazardous wastes are present. There are "severely rusted' old 56-gallon steel drums at the site, near Cascade Drive and Valley View Road, which once contained chemical solvents, according to preliminary State Department of Environmental Conservation (DEC)reports.

In an April 9, 1987 Observer Dispatch article:

New Hartford residents last night received few answers to questions about two suspected hazardous waste sites in the town. About 20 of the 135 people who attended the public information meeting at the New Hartford High School questioned representatives of the state Department of Environmental Conservation (DEC) and the Oneida County Health Department about concerns ranging from health risks to effects on property value. But officials said, they could not answer many questions because more testing is needed.

We apologize that some of the articles are difficult to read, but you can get an idea of what has transpired over the years. All articles are in Adobe pdf format and it will help to some degree if you adjust the magnification of the articles.

Now let's fast forward to Wednesday, February 25, 2009, thirty-two (32) years after the meeting at the New Hartford High School where officials had few answers and forty-eight (48) years after the court ordered that the dump be shut down, the question is...will New Hartford residents be given any answers at tonight's Town Board Meeting?

Lockheed Martin has posted several "technical" documents online. A write-up on the main page of that site says:

S.O.S. Septic Tank Service reportedly transported industrial waste from the former General Electric Company (GE) French Road plant in Utica, N.Y., from 1966 to 1973 and disposed of the waste at a property located at 204 Valley View Road in New Hartford, which is known as the S.O.S. Septic Service Tank site; it is also known as the Scully site.

How can that be? The Supreme Court ordered the dump closed in 1961.

The write-up continues:

Lockheed Martin installed a groundwater treatment system at the site in 1994 and operated a soil-vapor extraction system in the former S.O.S. refuse area from 1996 to 2002. During the first part of 2006, Lockheed Martin removed more than 1,700 truckloads of soil from the S.O.S. site.

In order to continue with the cleanup, Lockheed Martin submitted a Conceptual Remedial Design Plan to the NYSDEC in January 2008. Under the plan, Lockheed Martin will remove an additional 2,200 truckloads of soil and execute cleanup activities for the site and Sylvan Glen Creek. Cleanup is expected to begin in spring 2008 and to be completed by December 2008.

From the main page of the Lockheed Martin website, there is a link to a recently added [within the last week or so] Winter 2009 Fact Sheet that says:

The creek cleanup required removal of 300 mature trees.

The remaining cleanup activities include returning after the snow melts in Spring 2009 to seed grass along the creek and replant trees and seed grass in upland areas on the former Scully site.

No wonder there has been increased stormwater problems in that area of town...300 mature trees removed???

And isn't it interesting that they say they are finished except to replant trees and seed grass...Below are some pictures taken on February 15, 2009...do you notice the big hole in the ground in Picture 1? Today, February 25, 2009, more truckloads of dirt were being carried away...a member of Concerned Citizens took photographs that will be online shortly. Just who is kidding whom?

Happy Days are here again...

After reading the article in the Observer Dispatch about the First Stimulus Funds...

Concerned Citizens visited the Paterson administration's website mentioned in the Observer Dispatch article and we signed up to receive updates on the plans for spending the stimulus funds. That was yesterday...today we received our first update.

I'd like to share with you two developments taking place this week. On Monday, Governor Paterson announced nearly a dozen transportation projects that have been identified as eligible for federal funding. These projects, totaling $41 million of investments and creating more than 1,100 jobs, represent just the beginning of the work the American Recovery and Reinvestment Act will allow our state to pursue. Tomorrow the Governor and I will be giving a public briefing to State leaders regarding the distribution of economic recovery funding. The meeting will be webcast and is scheduled to start at 11:00 a.m...

The Update goes on to further state:

The projects announced on Monday represent only a fraction of the shovel-ready projects already identified throughout the state and additional projects will be selected through the traditional federal, state and local processes...

Wow...we can't wait to hear the rest of the list...

A clickable link on the update takes you to a press release and Governor Paterson is quoted as saying

“First, I want to reiterate my gratitude to the New York Congressional Delegation for their outstanding work in securing funding for these critical projects,” said Governor Paterson. “Clearly, there is a serious need in New York for federal infrastructure funding, and the projects announced today represent just a small number of the opportunities that will be funded with economic recovery dollars. This will be an open process with significant local input, and will create jobs across the State at a time when New York is facing widespread unemployment.”

Critical? Resurfacing Commercial Drive from Oriskany Boulevard to Symeon’s restaurant?

According to the same press release:

State Senator Joseph A. Griffo said: “We quickly need to lay the groundwork for sustainable development that will lead to fixing the Upstate economy. Like some other New Yorkers, I don’t believe that the stimulus will cure what ails Upstate right now. If it starts with these small projects, then we need to put the shovel in the ground and continue to push forward.”

Lay the groundwork for sustainable development? So Joe doesn't believe it will work, but what the Hell...spend...spend...spend! Amazing! Besides, remember if we don't spend the money, it will be used somewhere else and Joe's certainly got enough of his own "friends" he needs to take care of...wink...wink.

Read the entire update that we received here.

Town Board Meeting...

Wednesday, February 25, 2009 at 6 p.m. at Butler Memorial Hall.

Agenda now online!

There will be a Public Hearing at the start of tomorrow's board meeting regarding the placement of stop signs on Woods Highway, within the Business Park and at the intersection of Sitrin Lane and Higby Road. Of course, as we previously reported, the stop signs are already there, but be sure to attend this board meeting if you would like to comment before the town board decides whether or not to pass the Local Law. Here is a copy of the proposed legislation.

One other thing we thought we would bring to your attention. There will be a future public hearing on a zoning law change regarding fences, mobile homes, manufactured homes, etc., basically everything in Zoning Law Chapter 118.

We are posting a copy of the proposed zoning law with the changes noted in order to give you time to look it over prior to the Public Hearing. We will be posting notice of the date of the hearing and highlighting some of the proposed changes in a future blog.

Zoning Board Meeting...

Monday, February 23, 2009 at 6:30 p.m. at the New Hartford Library Meeting Room (downstairs, rear entrance).

Agenda now online!

Planning Board members needed...

The Town of New Hartford is looking for two (2) new members for the Planning Board.

According to the article in yesterday's Observer Dispatch, "The new members will replace Robert Imobersteg, whose term ended in December, and Hans Arnold, who resigned earlier this month".

The Planning Board will review all applications received, conduct interviews and make a recommendation to the Town Board. The Town Board will make the appointments.

Applications should be either mailed or delivered to the Town Clerk's office at Butler Hall, 48 Genesee Street, New Hartford, NY 13413.

The deadline to submit your application is Friday, February 20, 2009...that is a week away so don't delay submitting your resume if you would be interested in serving on the Town of New Hartford Planning Board.

Pictures don't lie...

At last night's town board meeting, the new Highway Superintendent asked the town board to introduce a couple of Local Laws.

Normally, once the Local Laws are introduced and a resolution is approved by the Town Board, a Public Hearing is scheduled to give the public a chance to state their opinion, pro or con, BEFORE the placing of the signs.


One STOP sign is to be on Woods Highway at the intersection of Hartford Park Drive. Trouble is the STOP sign is already there and has been for quite some time.




Another STOP sign is to be placed within the Business Park at the intersection of Woods Park Drive and Hartford Park Drive. Hmmm! Those STOP signs are also already there and have been for quite some time along with a bunch of other STOP signs and speed limit signs within the Business Park.



According to the Highway Superintendent, Richard Sherman, the Public Hearing on the Local Law for the rest of the STOP signs will have to wait. Mr. Sherman told the town board that 911 would not accept the names that were chosen for the other roads in the business park because the names were too similar to other streets in New Hartford. But they are already there!!






There are even STOP signs and speed limit signs on private property...The Hartford.




There was no mention of the speed limit signs; the Town Board likewise has to hold a Public Hearing and pass a Local Law before they can legally place speed limit signs on Town roads. But the speed limit signs are already there within the Business Park. Oops! We would bet that this mess was Roger Cleveland parting gift to the Town leaving the new Highway Superintendent to do the 'clean-up'.


Are you thinking deja vous? Does this seem sort of like the $2.9 million bond anticipation notes, spend the money first then ask for voter approval. It's a pattern of this town board folks...but the majority of residents voted "YES" on the $2.9 million bond thus allowing the town board to think they can continue in this fashion.

Anyway, last night the Town Board approved the resolution to hold a Public Hearing that is scheduled for the next Town Board meeting on February 25, 2009. Be sure to attend if you live or regularly travel in that area because the Town Board wants your opinion on the placement of these signs...NOT!

By the way, until the Public Hearing and the Local Laws are adopted by the Town Board, the signs are unenforceable. If there should be an accident at one of those STOP signs, the liability will rest with the Town of New Hartford.

Town Board Meeting...

Wednesday, February 11, 2009 at 6 p.m. in Butler Hall.

Agenda now online.

Today, Feb. 10, is the day for the Special Election...

Polls are open from 12 noon to 8 p.m. Everyone will vote at their normal polling place. If you don't know where your polling place is, you can use our "Where Do I Vote?" program by clicking on the button below.


If you missed the articles in the Observer Dispatch yesterday, here are links:

Good deal gone bad: Business park developer runs into obstacles over stoplight plan

Investment in the future: Millions on business park

Deal gone sour – The developer and the apple farmers

The fact that the Town Board made "behind the scene deals", "wink and nod" promises, and spent our tax dollars without our approval is bad enough. However, the fact that they are continuing to make these backroom deals is disturbing.

For instance, on this Wednesday night's town board meeting agenda (agenda will be online later today):

Local Gov't Efficiency Grant Program 20008-09; Planning Grant for Shared Transportation Facility

That would be the Shared Transportation Facility the town and school want to build on the 17 acres that Larry Adler "donated" [qui pro quo?] to the New Hartford Central School. The school, like the hotel and doctors' office building, "needs" that 840 intersection in order to gain entrance to the landlocked land. That is why Dan Gilligan was so much in favor of the business park. Dan Gilligan who never lived in the Town of New Hartford in the first place [he lived in Sauquoit] and who has since moved to Arizona. Dan Gilligan who in reality "has a dream" that he will never have to pay for...will this be called the Daniel Gilligan Shared Transportation Facility? Who is going to pay for this Shared Transportation Facility? When will taxpayers be given a chance to voice their opinion? After the money is spent?

Then there is the purchase of 19 Campion Road for $1.7 million dollars. According to Joe Yagey, the purchase price is $1.5 million with the other $200,000 going for inside renovations. Concerned Citizens FOILed the appraisal done by Donato Real Estate, date of valuation February 25, 2008...almost a year ago. Of course, we all know that a year old appraisal would still be good today because nothing has changed in the real estate market, right?

The year-old appraisal actually came in at $1,275,000 [less than the $1.5 million the town is willing to pay] and it is subject to completion of the proposed renovations and additions. The building has sat unoccupied since it was purchased from Judge Virkler in 2005. Residents who attended the meeting at New York Mills High School last year were told that the "proposed renovations and additions" are to be completed by the present owner in accordance with town plans. That, friends, is to avoid the bidding process. If the town were to hire a company to renovate the inside of the building, the town board would first have to advertise for bids. Also gives the owner(s) a chance to reward their "family and friends" and it brings up an interesting question, is Judge Virkler still "connected" with the owners of that building?

The vote to approve the $1.7 purchase was tentatively set for sometime in March; however, nothing has been said in recent town board meetings and when Concerned Citizens foiled information relating to the purchase of 19 Campion Road a couple of weeks ago, we were told no Dept. Head or elected official has anything...the town attorney has yet to answer our FOIL.

What other "deals" are they planning that no one knows about yet? How many other promises were made to Larry Adler? How many promises were made to New Hartford Central School regarding the Shared Transportation Facility? Did the New Hartford Central School send out another memo to their staff like they did for the last Town bond vote in March 2007 reminding them to vote at a town election? Makes one wonder why the school wasted taxpayer dollars to send out a memo regarding a town vote, doesn't it?

Anyone who believes Earle Reeds "bullying tactics" that he will not raise taxes if they vote 'yes' needs to think about it some more.

This Town Board needs a wake-up call...VOTE "NO" and save them from themselves and save us from them.

Please Mr. Reed you're killing us...LOL

This is a joke, right Supervisor Reed? Headlines in today's Observer Dispatch Good deal gone bad: Business park developer runs into obstacles over stoplight plan.

At least the OD article answers the question in our previous blog. The hotel and doctors' office were supposed to be built by Fall 2008; then supposedly Spring 2009; when will it really happen?? Well...it looks like it might not happen at all unless Larry Adler can get access to Route 840.

Yet on Tuesday, Feb. 10th, Supervisor Reed and the town board are asking voters to approve extending the maturity of a $2.9 million bond resolution from 5 to 15 years to pay for ..."costs of the construction of improvements to the New Hartford Business Park, including Woods Highway and surrounding areas located in or near the New Hartford Business park, including the Seneca Turnpike/Woods highway intersection realignment with traffic signal; Woods Highway reconstruction; Woods Highway extension; Route 840 intersection-Right-in/Right-out or other suitable connection; other additional road construction, public utility improvements, land acquisition or rights-in-land, sidewalks, curbs, gutters, landscaping, grading or improving rights-of-way, as well as related improvements and expenses in connection therewith, which does not take effect until a proposition for the approval thereof has been approved at a special election by the qualified electors of said Town...

Folks the operative words are "DOES NOT take effect UNTIL a proposition for the approval thereof HAS BEEN APPROVED at a special election by the qualified electors of said Town..."

Supervisor Reed is quoted in today's OD article "I have mixed feelings, quite frankly. I've listened to a ton of people that have been very much against the intersection, and I haven't heard a lot of people in favor of it".

Hmmm! Probably if Supervisor Reed had held public hearings to discuss the whole concept BEFORE he borrowed money, he might have heard a lot of people against the intersection. But Supervisor Reed wasn't interested in hearing anything negative about the business park plans. Instead, he and the town board chose to "shove it down our throats".

The sad part is that $2.9 million is only the "tip of the iceberg" as far as the funding that will be required to finish the work in the business park...the unfortunate part is that the town has already borrowed $1.4 million in short-term bond anticipation notes to pay Fred Burrows Trucking for work already completed in the business park. The town board approved short-term financing so they didn't have to let taxpayers in on the plans. (see our Guest Editorial Town Bonding Procedure Undermined Voters in last week's Sunday paper). By the way if you haven't read Supervisor Reed's Guest Editorial...New Hartford referendum approval will help grow town.

Hmmm! Special Election Tues. Feb. 10th...to approve $2.9 bond for New Hartford Business Park...

Just say "NO" on Tuesday, Feb. 10!! Force Supervisor Reed to go back to the drawing board and maybe this time involve the public...

Special Election, Feb. 10, 2009

Strikeslip has an excellent post over on Fault Lines. Don't miss this one.

Just Say No In New Hartford...

The more you know about the Feb. 10 Special Election...

According to Bond Resolution approved at the December 10, 2008 Town Board meeting, the $2.9 million bonds will be used:

...to pay costs of the construction of improvements to the New Hartford Business Park, including Woods Highway and surrounding areas located in or near the New Hartford Business park, including the Seneca Turnpike/Woods highway intersection realignment with traffic signal; Woods Highway reconstruction; Woods Highway extension; Route 840 intersection-Right-in/Right-out or other suitable connection; other additional road construction, public utility improvements, land acquisition or rights-in-land, sidewalks, curbs, gutters, landscaping, grading or improving rights-of-way, as well as related improvements and expenses in connection therewith, which does not take effect until a proposition for the approval thereof has been approved at a special election by the qualified electors of said Town...

So this money could be used for the Route 840 intersection, public improvements, curbs, gutters, and landscaping!! Is Larry Adler paying for anything?

The resolution goes on to state:

NOTICE IS HEREBY FURTHER GIVEN that personal registration is required and electors shall only be entitled to vote at said special election unless his or her name appears on the register of said Town prepared for such special election, or such elector registers as hereinafter provided.

HUH???!!! This is exactly how it was worded in the Bond Resolution and in the Legal Notice that appeared in the January 16, 2009 Observer Dispatch. So you can only vote if you are not on the register prepared by the Town? Does that make any sense?
Not yet registered and want to vote on this bond resolution? Did you know that you could have registered on January 27, 2009?

NOTICE IS HEREBY FURTHER GIVEN that the Board of Registration shall meet from 4:00 P.M. (Prevailing time) until 8:00 P.M. (Prevailing Time) on January 27, 2009, at Butler Memorial Hall in New Hartford, New York, for the purpose of preparing the registers for said Special Election, at which time any person shall be entitled to have his/her name placed upon such registers, provided that at such meeting of the Board of Registration, he/she is known or proved to the satisfaction of such Board of Registration to be then or thereafter entitled to vote at said Special Election. At such hours and place, any person who is not currently registered under permanent personal registration on the lists of registered voters furnished by the Oneida County Board of Elections as of January 18, 2009 must, in order to be entitled to vote at said Special Election to be held on February 10, 2009, present himself or herself personally for registration...

The only place we saw this mentioned is in the January 16, 2009 Legal Notice that appeared in the Observer Dispatch. Guess the town didn't think it was necessary to notify unregistered voters that they could vote by appearing in person before the Board of Registration on January 27, 2009.

And in case you are already registered, but for one reason or another you need an absentee ballot, the Bond Resolution further states:

NOTICE IS FURTHER GIVEN that application for absentee ballots for qualified electors may be applied for at the Office of the Town Clerk, at least seven days before such special election if the ballot is to be mailed to the qualified elector or the day before such special election if the ballot is to be delivered personally to the vote, or his or her agent.

NOTICE IS HEREBY FURTHER GIVEN that absentee ballots must be returned to the Town Clerk and received by the Town Clerk not later than 5:00 P.M., Prevailing Time, on the date of the election, February 10, 2009. A list of all qualified electors to whom absentee ballots have been issued will be available in the Office of the Town Clerk where it will be available for public inspection during regular office hours until the day of the election. Any qualified elector may, upon examination of such list, file a written challenge to the qualifications of any elector to receive an absentee ballot, stating the reasons for such challenge. Such written challenge shall be filed with the Town Clerk who will transmit the same to the Inspectors of Election prior to the close of the polls.

This bond resolution and the Special Election on Feb. 10, 2009 are so wrong on so many levels. We are providing a link to the entire December 10, 2008 Bond Resolution.

'Special' Voting Machines for Feb. 10 Special Election...

(Click on picture to view a larger image.)