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Erie Canal Neighbors Association
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#Post#: 429--------------------------------------------------
Are our Town Supervisors breaking the law?
DIR By: Michael Caswell
Date: April 2, 2019, 8:57 pm
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Could our Town Supervisors, a Wayne County Judge, and members of
a group known as Stop The Canal ClearCut, be advocating for or
actually guilty of "breaking the law"?
There's a Law called THE NATIONAL DAM SAFETY ACT that is
addressing potential flood issues like we have with the Erie
Canal. It has standardized the approach to Dam Safety in our
country and it requires Dam Owners, especially municipal power
companies, to fix issues with their Dams.
See THE NATIONAL DAM SAFETY ACT OF 2006 (Public Law 109-460) &
2014
(Title III, Subtitle A of the Conference Report to HR 3080, the
Water Resources Reform and Development Act)
Here's a copy of the text of that Law
HTML https://damsafety.org/sites/default/files/National%20Dam%20Safety%20Program%20Background-2014.pdf
This document first spells out by definition, what a DAM is. So
now we can put to bed all the CRAP about levees, dams, wooded
hillsides, and "special cases for the Erie Canal" or whatever
fairy tale folks can come up with to try to pass off the Erie
Canal Embankments as something other than DAMS.
Erie Canal embankments DO NOT fall into a category which
excludes NYPA from removing vegetation from these earthen
embankments.
DEFINITION of a DAM: DAM.-The term 'dam'-
(A) means any artificial barrier that has the ability to impound
water, wastewater, or any liquid-borne material, for the purpose
of storage or control of water, that-
(i) is 25 feet or more in height from-
(I) the natural bed of the stream channel or
watercourse measured at the downstream toe of the barrier; or
(II) if the barrier is not across a stream channel or
watercourse, from the lowest elevation of the outside limit of
the barrier; to the maximum water storage elevation; or
(ii) has an impounding capacity for maximum storage
elevation of 50 acre-feet or more; but
(B) does not include-
(i) a levee; or
(ii) a barrier described in subparagraph (A) that-
(I) is 6 feet or less in height regardless of
storage capacity; or
(II) has a storage capacity at the maximum water
storage elevation that is 15 acre-feet or less regardless of
height; unless the barrier, because of the location of the
barrier or another physical characteristic of the barrier, is
likely to pose a significant threat to human life or property if
the barrier fails (as determined by the Director).
These statements define what a Dam is & isn't. Based on the
description, ALL of the Erie Canal Embankments in the three
towns of Pittsford, Perinton and Brighton meet the definition of
a Dam and therefore should be considered Dams.
The embankments around our Towns are more than 25 feet high and
all Erie Canal Embankments hold back more than 50 acre-feet of
water, about 16 million gallons of potential flood water. That
last statement has been confirmed by the Canal Corporation many
times publicly.
If fixing the Erie Canal Embankments is not about safety to some
folks in Rochester, then it eventually will come down to
following the Law. There is NO choice here, you either agree
it's the right thing to do for safety, or it's the right thing
to do BECAUSE it's the LAW.
Some of our Town Supervisors, members of a group called STCC and
a Wayne County Judge look like they are advocating breaking the
law by opposing the proper maintenance of these dams per the
Owner's requirements.
Our Town Leaders have FAILED to accept the fact that many of
their residents are actually living in DAM HAZARD ZONES.
They have allowed large residential areas to be constructed,
potentially in harms way in these Flood Inundation areas.
They have failed to provide remedial maintenance and are
actually stopping the NY Canal Corporation from doing this much
needed work.
They have failed to provide emergency procedures or a flood
alert, in the event of a dam breach, and continue to leave us
all without these systems.
And what I find incredible is that these same folks have failed
to accept written Engineer Inspection Reports stating quite
clearly that these dams are FEMA & DEC Class C HIGH RISK
HAZARDS, and worse, they have been unable to conduct thorough
inspections BECAUSE OF THE DENSE VEGETATION, which the Dam
Inspection Reports recommended be REMOVED.
2006 Dam Safety Act Information
HTML https://ecna.createaforum.com/general-discussion/the-erie-canal-and-50-acre-feet-why-is-that-so-important/
You might like to ask your Town Supervisor where he stands these
days on this topic.
bsmith@townofpittsford.org
william.moehle@townofbrighton.org
channa@perinton.org
You might like to ask your Senator about this also:
funke@nysenate.gov
For those who want... here's a poll on the ECNA Website where
your voice can be heard...let your Town Leaders know how you
feel.
HTML https://ecna.createaforum.com/erie-canal-embankment-integrity-program-(eip)/should-pittsford-brighton-perinton-reconsider-their-fight-against-erie-canal-emb/<br
/>
Here are 266 people who support the NYPA for vegetation removal.
I closed this petition a while ago, to submit these results. I
suspect the numbers supporting this will be much greater now.
HTML http://chng.it/SzCkvXKx86
Michael Caswell
Erie Canal Neighbors Association
#Post#: 432--------------------------------------------------
Re: Are our Town Supervisors breaking the law?
DIR By: Erie Canaller
Date: April 3, 2019, 7:40 am
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It surely looks like they are, or worse yet they are trying to
ignore the law hoping it will go away.
#Post#: 433--------------------------------------------------
Re: Are our Town Supervisors breaking the law?
DIR By: Doug K
Date: April 3, 2019, 8:10 am
---------------------------------------------------------
Mike, This would have been a great post to add a survey poll
to, the question to Perinton could have been this:
Here's a post based on the eventuality that the STCC will
continue its fight against Federal Dam Safety Laws, once again
trying to create their own definitions about what constitutes a
"dam".
HTML https://ecna.createaforum.com/the-stop-the-clearcut-argument/stcc-unhappy-with-fairport-nextdoor-post-regarding-national-dam-safety-laws/
#Post#: 461--------------------------------------------------
Are our town supervisors complying with the law?
DIR By: Michael Caswell
Date: April 8, 2019, 5:57 am
---------------------------------------------------------
Could our Town Supervisors, a Wayne County Judge, and members of
a group known as Stop The Canal Clear Cut, be advocating for or
actually guilty of "breaking the law"?
There's a Law called THE NATIONAL DAM SAFETY ACT that is
addressing potential flood issues like we have with the Erie
Canal. It has standardized the approach to Dam Safety in our
country and it requires Dam Owners, especially municipal power
companies, to fix issues with their Dams.
See THE NATIONAL DAM SAFETY ACT OF 2006 (Public Law 109-460) &
2014
(Title III, Subtitle A of the Conference Report to HR 3080, the
Water Resources Reform and Development Act)
Here's a copy of the text of that Law
HTML https://damsafety.org/sites/default/files/National%20Dam%20Safety%20Program%20Background-2014.pdf
This document first spells out by definition, what a DAM is. So
now we can put to bed all the crap about levees, dams, wooded
hillsides, and "special cases for the Erie Canal" or whatever
fairy tale folks can come up with to try to pass off the Erie
Canal Embankments as something other than DAMS.
Erie Canal embankments DO NOT fall into a category which
excludes NYPA from removing vegetation from these earthen
embankments.
DEFINITION of a DAM: DAM.-The term 'dam'-
(A) means any artificial barrier that has the ability to impound
water, wastewater, or any liquid-borne material, for the purpose
of storage or control of water, that-
(i) is 25 feet or more in height from-
(I) the natural bed of the stream channel or watercourse
measured at the downstream toe of the barrier; or
(II) if the barrier is not across a stream channel or
watercourse, from the lowest elevation of the outside limit of
the barrier; to the maximum water storage elevation; or
(ii) has an impounding capacity for maximum storage elevation of
50 acre-feet or more; but
(B) does not include-
(i) a levee; or
(ii) a barrier described in subparagraph (A) that-
(I) is 6 feet or less in height regardless of storage capacity;
or
(II) has a storage capacity at the maximum water storage
elevation that is 15 acre-feet or less regardless of height;
unless the barrier, because of the location of the barrier or
another physical characteristic of the barrier, is likely to
pose a significant threat to human life or property if the
barrier fails (as determined by the Director).
These statements define what a Dam is & isn't. Based on the
description, ALL of the Erie Canal Embankments in the three
towns of Pittsford, Perinton and Brighton meet the definition of
a Dam and therefore should be considered Dams.
The embankments around our Towns are more than 25 feet high and
all Erie Canal Embankments hold back more than 50 acre-feet of
water, about 16 million gallons of potential flood water. That
last statement has been confirmed by the Canal Corporation many
times publicly.
If fixing the Erie Canal Embankments is not about safety to some
folks in Rochester, then it eventually will come down to
following the Law. There is NO choice here, you either agree
it's the right thing to do for safety, or it's the right thing
to do BECAUSE it's the LAW.
Some of our Town Supervisors, members of a group called STCC and
a Wayne County Judge look like they are advocating breaking the
law by opposing the proper maintenance of these dams per the
Owner's requirements.
Our Town Leaders have FAILED to accept the fact that many of
their residents are actually living in DAM HAZARD ZONES.
They have allowed large residential areas to be constructed,
potentially in harms way in these Flood Inundation areas.
They have failed to provide remedial maintenance and are
actually stopping the NY Canal Corporation from doing this much
needed work.
They have failed to provide emergency procedures or a flood
alert, in the event of a dam breach, and continue to leave us
all without these systems.
And what I find incredible is that these same folks have failed
to accept written Engineer Inspection Reports stating quite
clearly that these dams are FEMA & DEC Class C HIGH RISK
HAZARDS, and worse, they have been unable to conduct thorough
inspections BECAUSE OF THE DENSE VEGETATION, which the Dam
Inspection Reports recommended be REMOVED.
2006 Dam Safety Act Information
HTML https://ecna.createaforum.com/general-discussion/the-erie-canal-and-50-acre-feet-why-is-that-so-important/
You might like to ask your Town Supervisor where he stands these
days on this topic.
bsmith@townofpittsford.org
william.moehle@townofbrighton.org
channa@perinton.org
You might like to ask your Senator about this also:
funke@nysenate.gov
For those who want... here's a poll on the ECNA Website where
your voice can be heard...let your Town Leaders know how you
feel.
HTML https://ecna.createaforum.com/erie-canal-embankment-integrity-program-(eip)/should-pittsford-brighton-perinton-reconsider-their-fight-against-erie-canal-emb/
Here are 266 people who support the NYPA for vegetation removal.
I closed this petition a while ago, to submit these results. I
suspect the numbers supporting this will be much greater now.
HTML http://chng.it/SzCkvXKx86
#Post#: 463--------------------------------------------------
Re: Are our town supervisors complying with the law?
DIR By: Doug K
Date: April 8, 2019, 7:17 am
---------------------------------------------------------
Mike,
It's a great question, one that I'm sure will create a stir in
your Town as concerned residents start to change the narrative
from "Trees & Dams" to Safety & Dams once the Embankment Safety
Program returns to start clearing these dams in the Fall of 2019
After reading your message again, I am still mystified why
Nextdoor thought the post was controversial enough to pull it
off the Fairport Nextdoor website. It appears to be just a
message questioning what role town & village leadership plays in
protecting their residents from unforeseen dangers like these
unsafe, nearly invisible, embankment dams. If our Village
Leaders had taken a stand against safety of the residents, they
would have been met with immediate opposition, which happened in
some villages out this way late in 2017
For those who do not know, this posted message you see here
started on the Fairport Nextdoor Website App, where Mike placed
it as a warning to his neighbor's. Once it landed there the
Leadership of the Stop the Canal ClearCut, one Ms. Agte herself,
thought that reporting Mike to Nextdoor was "better" for their
MUTUAL neighbors than actually having the conversation about
Unsafe Dams in the Fairport community. Mike's message moved the
conversation from clearing dams for SAFETY reasons to making
sure they are clear to comply with the LAW, per our country's
Dam Safety Programs.
You see Ms. Agte doesn't really believe there is any safety
issue with these aging, tree INFESTED embankment dams... the
worst "invasive" plant species that an Earthen Dam could ever
see. From a casual observation it appears the STCC had no
defense against Dam Safety Laws being broken so the best plan
was to complain to Nextdoor and have more "evidence" against
allowing Trees to live on Dams simply removed.
She claimed that Nextdoor is "not" about this sort of topic...
safety of residents for those Nextdoor Neighborhood.
She was wrong also wrong about that... go read their mission
statement.
[attachimg=1]
Folks, go and read what Mike has had to combat in the Town of
Perinton, Village of Fairport.. the hotbed of STCC activity
HTML https://ecna.createaforum.com/the-stop-the-clearcut-argument/stcc-unhappy-with-fairport-nextdoor-post-regarding-national-dam-safety-laws/
For those in Perinton, Pittsford, Brighton, Fairport...and
everyone else who is having a hard time imaging there are DAMS
along the Erie Canal
Please, just look at the pictures and stop being so foolish with
your own safety and that of your family
[attachimg=2]
[attachimg=3]
#Post#: 464--------------------------------------------------
Re: Are our town supervisors complying with the law?
DIR By: Doug K
Date: April 8, 2019, 7:38 am
---------------------------------------------------------
So the ECNA is not accused of making "false statements" about
the STCC remarks on Nextdoor, here is Ms. Agte's post on her own
webpage, trying to explain why Mike's original posting was "all
wrong" for Nextdoor.
[attachimg=1]
What's truly amazing is that somehow in her "passion" to insure
Mr. Caswell's message about Village Leadership "shirking" on
their responsibility would never see the light of day, Ms. Agte
actually accomplished something that Mike would have preferred,
but could not do himself...he's not allowed to join the Stop the
Canal ClearCut group.
Ms. Agte actually put that Nextdoor post up on the Stop the
Canal ClearCut website where it would do the MOST good in
educating those who need it most... and I want to personally
thank her for doing that... from the Erie Canal Neighbor's
Association.
[attachimg=2]
#Post#: 946--------------------------------------------------
Pittsford Mayor & Supervisor still don't get it.
DIR By: Michael Caswell
Date: February 13, 2020, 4:32 am
---------------------------------------------------------
Here's the latest from the STCC web page.
It seems Maier and Agte are still battling along with the mayor
and town supervisor.
Elizabeth R. Agte
posted 12 feb
Virginia Borden Maier and I had a very informative meeting with
Pittsford Town Supervisor Bill Smith and Pittsford Village Mayor
Robert Corby. We all agree that NYPA has no business being in
charge of the Canal Corporation, and that the Reimagine the
Canal projects are smoke and mirrors. We keep circling back to
why the governor is willing to spend $300 million on projects no
one wants, and don’t honor the historic value of the canal. Why
would the state build new infrastructure when it’s done a bad
job of maintaining what we have? As we have said so many times
in the past, and as the mayor said today, we have a 524 mile
park that needs to be nurtured, not torn apart, or segmented and
drained.
Image may contain: sky, tree, outdoor and nature
What amazes me is that they think no one wants this project to
succeed, but they are SO wrong. The more people I talk to, the
more I realize the message is getting out. Folks are liking the
Re-imagine project and do understand why the canal corp is
clearing these dangerous embankments.
What is it that these two men don't understand? Is it that they
can't read the documents put out by FEMA, ASDSO and USACE?
I can understand a group of environmental "wannabees", with no
technical expertise on this crusade, but these two community
leaders joining in, that baffles me.
Are they not concerned about how these unsafe Canal Embankments
may affect the people they are supposed to serve in their
community?
Are they not concerned that the Towns People they represent may
be required to get Flood Insurance if they live near or below
these dams?
Are they not worried that "denying safety" doesn't resolve the
FACT that Canal Embankments in their community are classified as
Hazardous?
Ah well!
#Post#: 947--------------------------------------------------
Pittsford Brighton Perinton & Fairport Residents should be
demanding answers
DIR By: Doug K
Date: February 13, 2020, 8:29 am
---------------------------------------------------------
I've included the post from Facebook, just so folks will not
think the ECNA is "reading" more into this post than what's
there.
[attachimg=1]
Not sure where to start but to say that once again the minority
speaks and believes THEY have the answer... when they don't even
understand the issues.
Complex issues, like NYS Canal System Safety, are solved by
asking many questions and also understanding what's NOT being
stated, and for what reasons. This group, it's leaders, and all
who subscribe to this rhetoric of safety denial, simply don't
care about their communities, for what reason, we don't know.
Once again what you hear is simple in their post... The STCC
doesn't like the message, or the messenger, and it seems they
have Pittsford Leaders agreeing
This fact has become rather obvious as times goes on...
Case in Point... Unsafe Earthen Embankment Dams.
Having unsafe earthen embankments in our communities is NOT a
good thing, and it's not something people can simply "ignore"
because they don't want to talk about them or because they don't
like the answer on what makes them safe again. That is what this
Facebook group and it's Leaders have done, and now they want to
convince town & village leaders in Pittsford to do the same.
This group must not think that the safety of residents in these
towns matters much, most likely because they live above the
flood zones.
They also must not believe that homeowners, who's properties
border the canal, have a right to peace of mind knowing their
"neighbor's property" next door, won't flood them.
They must not care that people living below unsafe embankments,
and in the Flood Hazard Zones those dams create, may be burdened
with Flood Insurance premiums to insure they are compensated in
the event of a canal breach.
In fact this group still doesn't want to discuss public safety
at all, mainly because it puts the existence of their entire
group & cause in jeopardy.
So they pedal their message to any and all who are like them,
resistant to change and ignorant of the facts & truth regarding
Earthen Dam Safety. And they don't go to their own neighborhoods
to do this, they choose instead to go to communities they don't
live in but have convinced those Town's Leaders to follow their
message "because is best for everyone". It's certainly not
better for homeowners who have to disclose an "unsafe canal dam"
next to their property if they want to sell it someday.
This "environmental" group is pulling the wool over everyone's
eyes, and don't care a bit about any facts but the ones they
make up.
The tactics of the Stop the Canal Clear-cut group didn't work in
Brockport, or Medina, and it didn't work in Albion either. Those
communities each had visits by the STCC group, or it's members,
and "opted out" of their message. These west-side communities
chose the path of public safety for their canal neighborhoods,
over a message to ignore the words "unsafe dams" that the
Facebook group has been spreading since it started.
MORE QUESTIONS THAN ANSWERS:
Has anyone else wondered why these Stop the Canal Change (STCC)
Leaders are going two towns over from their own canal community
to talk about the canal, when their own town has 11 miles of it
passing through?
Has anyone asked why they are coming from Fairport to the
Pittsford area to spread their message?
Why aren't they trying to convince their own community leaders
about all this "terrible work" from the Canal Corporation? Why
are they not talking to their own Mayor & Supervisor about
fighting the Reimagine Canals Program or resist getting unsafe
canal embankments repaired?
Well that's simple... Fairport & Perinton have learned that
improving PUBLIC SAFETY isn't something you try to argue
against. The Fairport Office of Community & Economic Development
has already come out in FAVOR of the efforts to Reimagine the
Canals as a safer, more profitable business model for NY State.
The Village Officials in Fairport understand that unsafe
embankments can't be allowed to remain in our communities, those
unsafe earthen dams are keeping Erie Canal Neighbors in Perinton
& Fairport under the threat of flooding, holding their quaint
canal town hostage until the safety issues get repaired.
Go look for yourself, here's Fairport's answer.. Support the
Reimagine the Canals work... for the best interest of Fairport.
HTML https://fairportoced.org/
HTML https://twitter.com/FairportOCED
[attachimg=2]
Pittsford's residents, both Town & Village, should be VERY
alarmed when people come from neighboring towns & villages
trying to convince Pittford's Town & Village leaders that the
canal is "safe" and that any efforts to improve it are a "bad
thing" to do. These residents should be asking the same
questions the ECNA has been for almost two years of this
group...
What is the Stop the Canal Clearcut's answer to fixing UNSAFE
NYS CANAL EMBANKMENTS that are threatening the safety of all
Erie Canal Neighbors?
Folks, don't hold your breath waiting for that answer, all you
will get is a denial of the truth about NYS Canal Safety, by a
group & its leaders that don't want to face facts. If that
happened then they would also have to explain to their followers
how "blind" they have been to that truth about safety.[b]
The Leaders of the STCC boost about a group 600+ strong.. that's
quite a bit of disappointment if the leaders have not been
forthright about the most important topic of all when it comes
to the Canal... that the waterway & all it's structures are safe
for the surrounding public to use.
[b]The Canal Corporation HAS already given us ALL a message,
Constructive Notice... The NYS Canal Embankments are UNSAFE,
anyone living near it should take heed of the warning.
ERIE CANAL CHANGE
NY State has seen a constant churn of change along the Erie
Canal National Heritage Corridor for over 200 years. It started
in 1818 when the idea of a canal crossing the state first became
a reality. That churn continued through 3 expansions of the
waterway, with the last one taking place about 100 years ago
when the NY Barge Canal was made. Now our generation, in 2020,
is faced with new simple truths about this 200 year old canal
system... It's unsafe, falling apart, and losing money... and
something needs to change.
We can either change those new truths and fix the canal, or
think it's all a farce and listen to a group advocating for NO
CHANGES.
Embankments will still be unsafe until the RIGHT choice is
made...
Pittsford Residents... this is what change means to your
community... this is what the Reimagine the Canals programs
wants to bring to your town & village. This is also the same for
Fairport... this is what the new owners of the NYS Canal System
have in mind to resurrect the canal
HTML https://youtu.be/VAHWJyMVtDc
But this lovely Canal Winterscape might NOT become a reality for
Pittsford, if this Facebook Group has anything to say about it.
And they are working very hard to convince your Mayor &
Supervisor to follow them down this rabbit hole into still more
STCC Rhetoric
It's up to you Pittsford... Brighton...
Time to act for the best interests of your communities before
the decision is given to others NOT from Pittsford
Go take a look at the Reimagine the Canals effort on our website
HTML https://ecna.us/reimagine/
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