The last week of politicking in Woodstock brought the predictable barrages of combustible last-minute verbal materials to the race for town supervisor. Both sides claimed the moral high ground in the Shady dump controversy that has become a major issue.
Town supervisor Bill McKenna insisted the town was doing all it could to deal with contaminated fill in Shady. His opponent in the June 27, councilmember Bennet Ratcliff, harshly criticized McKenna’s management of the issue.
On June 21 the site’s neighbors filed an Article 78 lawsuit contending the town had no authority to issue a permit for a cleanup based on the propertyowner’s plans. Vincent Conigliaro is also named in the lawsuit.
A June 23 letter from state Department of Environmental Conservation (DEC) regional director Kelly Turturro reiterated the agency’s April position that there were no state violations on the site. “The site is not considered an unlawful solid waste disposal site within our jurisdiction,” Turturro wrote.
The lawsuit filed June 21 by Frank and Pam Eighmey in Ulster County Supreme Court alleges the town knew the fill delivered to 10 Church Road violated town code which forbade the disposal of construction and demolition debris. It alleges the town also knew the fill came from Joseph Karolys’ operations, which the DEC raided several times,
The lawsuit contended the town’s allowing the material to remain on the property was a violation of town law. It also argued the cleanup, as proposed by the propertyowner, would cause harm to the plaintiffs.
“Performance of the work as described in the permit issued by the town will cause further harm to petitioners by allowing the C&D material to remain onsite and continue impacting the Eighmey well; and [will] present a significant risk to human health and safety in light of the contamination present in that material, which contamination will eventually migrate downgradient onto the Eighmey property and into the Eighmey well,” the lawsuit stated.
Charges, countercharges
McKenna said he was aware of the lawsuit and had begun to read it, but the town had not officially been served yet. Though the determination for whether the material met the criteria for a state permit exemption is a visual standard, the DEC for the first time publicly acknowledged that because of the high level of interest in the site it had reviewed samples of the material and analysis.
“The data summary indicates that for two of the four samples there were a total of eight data points for polycyclic aromatic hydrocarbons (PAHs) with minor exceedences over the unrestricted soil cleanup objectives [6 NYCRR Part 375]. PAHs are often found in low levels in asphalt pavement (e.g., paved driveways),” Turturro wrote.
The DEC’s analysis said the material posed no risk to the town drinking water supply. “It is also important to note that PAHs are relatively insoluble in water and would not be expected to migrate in groundwater,” she wrote. “Based on DEC staff observations at the site and the neighboring property, as well as their review of the sampling results summary, DEC does not have any evidence that hazardous waste is present at the site or that any pollutant is present at a level considered hazardous to the environment.”
McKenna termed the letter, based on a recent meeting involving himself, state senator Michelle Hinchey and the DEC “good news.”
The Article 78 lawsuit alleges roughly 200 truckloads totaling at least 2800 cubic yards of construction and demolition debris were dumped at 10 Church Road between December 2019 and July 2020.
Vincent and Gina Conligliaro and Joseph Karolys were charged with 200 counts of violating the town’s solid waste law. The town settled the case in February 2022, accepting guilty pleas from Gina Conigliaro and Karolys to one count each and a $1500 fine. Charges against Vincent Conigliaro were dropped in exchange for his cooperation with the prosecution.
In an unrelated matter, Karolys faces felony charges of manslaughter, assault and evidence tampering in the death of David “Mickey” Meyer.
Using town money
The Article 78 lawsuit claimed the town had failed to implement Woodstock Environmental Commission recommendations and instead approved Conigliaro’s proposal, known as Plan E. “Instead, the town approved the facially deficient application and issued the permit.” Town-board approval was “a material misrepresentation,” the lawsuit alleged.
The lawsuit pointed to a proposal from McKenna in July 2022 to use $200,000 in town surplus money for the cleanup, while McKenna was also saying it was against the state constitution to use town funds on private property. McKenna has clarified multiple times that the money would be recouped by levying Conigliaro’s taxes. If he defaults, the county would make the town whole and foreclose on the property.
The proposed $200,000 cleanup fund failed after council member Ratcliff said he didn’t think it was a prudent use town money, even with the promise of recouped funds. “I’m not sure that $200,000 back from the propertyowner is going to be something that happens.” Ratcliff had said at the time.
A memorandum of support from the Eighmeys’ attorney John Furst was scathing in its rebuke of the town’s handling of the situation. “Instead of forcing a proper remediation at the site – which would include full removal of the contaminated material and groundwater monitoring to protect the Eighmey well and other resources – the town has issued a fill and grading permit to the estate, which permit allows the estate to keep contaminated material on the site and continue to put the environment and human health and safety at risk.”
“I cannot drink my water“
At the June 20 meeting of the town board, McKenna said he was been trying to get private funding for soil and water testing, and has solicited the help of groups including Peter Buffett’s Novo Foundation.
Some who live near the fill are getting increasingly impatient.
“You guys three years ago said we are going to go through this, we’re going to clean it up. We’re going to do water testing every six months. And now we can’t spend the money, Joe Czarnacki said.
The town board had passed a resolution requiring the testing, but McKenna at the time said it was not legally binding because the town couldn’t spend taxpayer money on private property.
“It’s mind-boggling to me that this is now three years. And I cannot drink my water. That’s pissing me off,” Czarnacki said.
Luke Hensberger suggested more town meetings on the issue.
“It’s very helpful to have all the neighbors and Vincent [Conigliaro] and his people there,” he said. “And what we’d really like to see is more of that to have town-board meetings, at least one anyway, sometime in the near future, to be addressed solely to that issue, you know, where the neighbors to get involved, anybody from the outside agencies could get involved, various engineers, environmental people, and so on.”
Documentary screening canceled
Monday night’s scheduled screening of the Shady dump documentary Shady Waters has been canceled after the Tinker Street Cinema in Woodstock received threats of lawsuits. Filmmaker Chris Finlay confirmed he was contacted by the theater early on June 26 and told that he needed to find another venue.
A text message sent from 10 Church Road propertyowner Vincent Conigliaro said the theater, operator and owners would become liable for the content.
Conigliaro said he wasn’t threatening at all, but rather he was communicating to the theater he would likely file a lawsuit if there was anything in the movie that was defamatory. He said he was unaware the screening had been canceled and that his attorney had planned to attend. Conigliaro said he has done all of what the town has required and wants to get this all behind him.
Tinker Street Cinema was only involved as a venue and did not acquire or promote the film. Theater operator Andy Braunstein did not yet return a request for comment. The screening was to be made possible through an event rental, which Tinker Street Cinema and other theaters offer.
The event was a fundraiser to help Frank and Pam Eighmey pay their legal and other expenses. After the theater was paid, all proceeds for the $10 admission were to go to the Eighmeys.
Alex Bolotow, a Woodstock Environmental Commission member who was scheduled to be on the Q&A panel after the screening said the fundraising opportunity was gone. Bolotow said that only she and the Eighmeys’ geologist John Conrad had seen the film.
Bolotow said Finlay had been pressed by a supporter of Bill McKenna to allow the supervisor and candidates Laura Ricci and Anula Courtis also to see the film ahead of time and to be able to answer questions, but that claim has not been verified.
She also said this person also pressured Finlay not to screen it, but the alleged supporter has not been identified.
McKenna said anyone working on his behalf did so without his knowledge or permission. He said he was considering attending and sitting on the panel. McKenna had not been invited to speak on the panel, but was given questions and an opportunity to provide answers.
Bolotow is hopeful the film can be made available for streaming, with possible online participation.
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