The Department of Health and the appearance of impropriety

Posted 8/21/12

The New York State Department of Health (DOH) has ordered the closure of the public access area located within the gate of The Chapin Estate community because it has “no supervision, lifesaving …

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The Department of Health and the appearance of impropriety

Posted

The New York State Department of Health (DOH) has ordered the closure of the public access area located within the gate of The Chapin Estate community because it has “no supervision, lifesaving equipment, potable water supply or emergency response communications.” It would be a little easier to believe this is really about public safety if DOH had also taken action at the two other public access spots on the Toronto and Swinging Bridge reservoirs, which have the exact same conditions.

A DOH staffer told Friends of Toronto (FOT) member Nino Nannarone the DOH doesn’t have the resources to address all of the other access areas.

Seriously? It had enough resources to address only the area that has been at center of legal battles between a wealthy developer and the surrounding community for 14 years, but none of the many other swimming holes in the county?

On one side of the access area is a rocky boat launch and small rocky shore area. The rest of the area features a sandy shoreline, which is on property owned by a homeowner, but which is also part of the public access area. It is clear from past actions that this homeowner would prefer that members of the public not use this part of the public access area. According to those who use the access, a security guard hired by Eagle Creek, which owns the reservoir, only prevents people from using the sandy shoreline, not the boat launch, and he does not prevent people from swimming in the reservoir.

Does anyone who knows anything about the history of this recreation spot really believe this is about public safety?

A wealthy developer bought the property years ago and tried to make the public access area disappear. It worked for a while because local officials and a local judge sided with the developer. But when a judge from outside the area got the case, he ruled the public had a right to use the access, and property for a road to it should be seized by eminent domain if need be. His ruling was upheld on appeal.

After that, the developer and a homeowner tried to get the Federal Energy Regulatory Commission (FERC) to change the conditions of the permit under which Eagle Creek, the company that owns the hydroelectric plant on the Toronto Reservoir, operates and prohibit swimming at the public access. FERC declined to do so and said swimming would not be promoted but also would not be prohibited.

FERC issued that determination in 2014. So now the DOH steps in and tries to do what others have failed to do: keep the public out of the public access area in The Chapin Estate, and this is enough to convince Eagle Creek that they can hire a security guard to keep the public off a public access that a private landowner would like to call his own.

At the Bethel town meeting on August 24, where all five members of the town board said they agreed with attempts by Friends of Toronto to keep the access area fully open, the outgoing town attorney Rob McEwan suggested FOT take the dozen or so members who turned out to the meeting and visit Assemblywoman Aileen Gunther or State Senator John Bonacic.

Bob Barrett, who was once arrested for being in the access area, said neither ever had any desire to help the group, even years ago when they had a petition supporting their cause with 1,400 signatures.

So, when the long history of this battle is seen in context, it is laughable to believe the DOH acted to protect public safety. This is the very same DOH that allowed the stench of the overburdened septic system at Camp Simcha in Glen Spey to drive nearby residents indoors in the summertime for a decade.

There is no doubt that the people who developed and bought homes in The Chapin Estate have more wealth and political clout than the FOT, and when FOT member Dr. Herman Goldfarb says this is a case of the 1% stepping on the rights of the 99% with the assistance of the DOH, it is easy to see his point.

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