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Saratoga Biochar To Hold Virtual Public Information Hearing

On December 19, 2022, Biochar will be hosting a virtual public information hearing regarding the plans to build a multi-million carbon-fertilizer plant in Moreau Industrial Park on Farnan Road. This meeting will be held via Microsoft Teams from 6p.m.- 8p.m. During the hearing Saratoga Biochar will present a 15 minute overview of the project, which will be followed by public comments and questions. To join the online meeting, use the following link: https://bit.ly/3UaoNjX. Saratoga Biochar CEO, Raymond Apy, said that the Department of Environmental Conservation approved the company’s public participation plan. More information about the Public Participation Plan can be found at saratogabiochar.com then click on PPP.

Saratoga Biochar Solutions has been established to build, own, and operate a fertilizer manufacturing plant in Moreau, New York. This facility is designed to process up to 15% of the biosolids generated in New York, and use them to produce a revolutionary bio-fertilizer. Although there are environmental benefits to the fertilizer that this company is producing, there has been no shortage of red tape, controversy, and push-back from the community. 

In 1994, 243 acres of land were acquired by the town of Moreau and zoned for heavy industrial use; this area was designated the Moreau Industrial Park. This area was divided into 26 shovel-ready lots, and in 1997, the first occupant – adhesive manufacturer Hexon – moved into the industrial park… However, since then, there have not been any other tenants. 

Recently, Northeastern Biochar acquired 2 lots in the park, hoping to construct Saratoga Biochar: a 74,300 square foot site that would take in biosolids that have already gone through the wastewater system, and then convert them into fertilizer. The plant would be built in three phases, combine two lots in the industrial park, and employ 20 people when it is fully operational.  

The advocacy group “Not Moreau” has condemned the addition of a fertilizer plant in Moreau, with community members citing concerns about the access roads that will be built, the increase in truck traffic in the neighborhood, public safety, and potential pollution. 

Image:Not Moreau facebook page

Gina Leclair – a former Moreau town board member – operates the “Not Moreau” facebook page. “The road I live on doesn’t even have yellow lines, it doesn’t have a shoulder. Other roads they’re looking at are residential-type roads. They have lines, but they’re not heavy traffic roads. To bring that type of traffic by all of these homes on these roads does not seem like a wise or safe idea” Leclair reportedly said. The traffic infrastructure is a concern that residents have been vocal about; the Biochar facility is expected to see twenty trucks a day, between the hours of 6:00 AM and 6:00 PM; that works out to 1.6 trucks an hour. 

In addition to the community push back, Northeastern Biochar (the owner of Saratoga Biochar) has had to deal with no small amount of red tape: “We applied to the Town of Moreau planning board, and I’ll tell you this: I respect them immensely, (but) they haven’t made it easy for us” Raymond Apy, CEO reportedly said. 

Biochar is focused on the environmental impact of the product they are producing; their goal is to remediate a waste problem and simultaneously create a clean and safe fertilizer product. Saratoga Biochar’s process uniquely destroys PFAS, VOCs, pathogens, micro-plastics and numerous other trace contaminants. These “forever chemicals”, micro-plastics and contaminants are removed from the solids and then thermally oxidized in gaseous form to full remediation. According to their website, the Saratoga Biochar process and air treatment systems reduces nitrous oxides, sulfur dioxide, ammonia, particles, and odor; the Biochar processes are expected to help avoid potentially harmful compounds from being released into the Moreau air, water, and soil.

Biosolids are solid, organic matter recovered from the sewage treatment process, and can be used as fertilizer; since the 1920’s, the farming community has used raw sewage sludge from local wastewater plants. Scientific research over the years has confirmed that the biosolids within contain similar nutrients to those in animal manure.

Biosolids often end up in landfills, but landfilling proliferates pathogens and odors; the landfill system of disposal emits methane, spread PFAS and other contaminants in the air and water, and also wastes valuable resources like carbon and other nutrients.

PFAS stands for per-and polyfluoroalkyl substances. They contain a strong carbon-fluorine bond; this allows them to accumulate over time in the environment, and in the bodies of animals and people., and they pose health risks. PFAS chemicals might also be thought of as “everywhere chemicals” since they’ve become so common in the products we use every day.

The goal of Saratoga Biochar is to create a cycle of fewer PFAS and other harmful contaminants that end up on lawns, and in farms, water, and the food supply. 

North of Queensbury, the residents of Jenkinsville have contaminated well water; the affected residents have been drinking bottled water due to contamination in wells near an inactive landfill. The DEC has been providing bottled water to residents that showed 1.4-dioxane levels or above found in wells, and continues to study the nearby landfill believed to be the cause. Northeastern Biochar’s ultimate goal is to end the chain of micro plastics, PFAS and other particles showing up in backyards, water sources, and the human body.

With any environmental solution, there will always come a problem. A system that reduces forever chemicals in water, land and the food chain is important technology that can help the environment; however, this environmental advancement supposedly comes with increased traffic, noise, and possibly pollution in the community of Moreau.

As of the end of October of 2022, The Clean Air Action Network of Glens Falls filed a lawsuit: this Article 78 petition is against the Town of Moreau Planning Board, and Saratoga Biochar Solutions. The suit alleges that the Planning Board did not follow the State Environmental Quality Review Act before allowing the project to move forward. 

KIRSH Helmets’ Focus is on Saving Lives

KIRSH Helmets is a local manufacturer of motorcycle helmets, and Jason Kirshon – Chairman and CEO – and his team have recently improved the safety of their helmets by engineering and patenting a new fluid liner insert to protect the rider. 

Typical motorcycle helmets use styrofoam as the liner to protect the rider in the event of an accident, but the KIRSH helmets use fluid displacement in the helmets instead of styrofoam: this technique reduces rotational acceleration more than any other type of helmet on the market today. Kirshon and his team have developed this technology, and pride themselves on the fact that the KIRSH Helmets are 100% American-made.

Kirshon, an avid motorcycle enthusiast, is critical of other helmet technologies that are on the market today: “The helmets today just don’t cut it. They’re either too big or don’t offer enough protection” he said.

 Kirshon, who is originally from Lake George, has spent more than a decade researching and developing helmet technology, which is evident in the company’s name; KIRSH stands for “Kinetic Impact Reactive Safety Helmet”.

Patented silicon liner

Kirshon hopes the patented silicon technology will change the motorcycle industry for the better; he believes that fluid displacement in motorcycle helmets is the most effective way to reduce the number of traumatic brain injuries, concussions, and deaths. 

Jason Kirshon also believes that the motorcycle industry is using the wrong material to protect riders: “The helmet industry in its entirety is misdirected. They are using lightweight material. The KIRSH Helmet is heavier and more dense. The important part is that it handles kinetic energy more effectively” Kirshon said during a recent interview. The KIRSH liner is made with a platinum-cured medical grade silicone, which is injected with high quality silicone fluid. There are more than 1,200 annual deaths associated with motorcycle crashes in the United States, and this cutting edge technology could potentially help reduce that number.

One major concern throughout the helmet industry is novelty helmets. Novelty helmets are often not made to withstand potential penetration in an accident; and the retention systems or straps do not reliably keep the helmet fastened on the rider’s head in the event of a crash… A helmet for fashion, it seems, is hardly a helmet at all.

Jason Kirshon prides himself on being able to explain 100% of the science behind the technology in the KIRSH Helmets; he has an in-depth understanding of the relationship between energy and force, which are factors in every crash. Kirshon can explain these complicated scientific concepts thoroughly and succinctly; his depth of knowledge clearly illustrates that the fluid insert in the KIRSH Helmet is far more than a simple gimmick.

At KIRSH Helmets, all of the work that goes into protecting the riders is collaborative: Kirshson and his team are involved in every step of the process. They manufacture and ship the helmets, and have a meticulous tracking system that takes into account each step of assembly.  

Jason Kirshon. Paul Alesio, Jeannie Morehouse, Todd Kehley

Jeannie Morehouse has been working at KIRSH Helmets for three years and she loves her job. She got her job with the help of a life coach, and fills many positions at the company; but her most important job is packaging the helmets. “She sees what the customer sees. Hers are the last eyes on the helmet before it gets shipped to the customer” Kirshon said, obviously proud of her work. “Jeannie sees things that others have missed and makes sure that every single helmet shipped out is perfect”.

Jeannie is proud of her job at KIRSH Helmets: “I love it here” she said, and when asked what the best part of her job is, she said without hesitation, “SAVING PEOPLE’S LIVES!” 

KIRSH Helmets focus is on the safety of the rider. Everything they do is to protect the rider from harm in the event of an accident, and that dedication is evident in every aspect of KIRSH Helmets… The United States Motorcycle market includes over 9 million motorcycle riders, and KIRSH Helmets wants to help each of them to “enjoy the ride”. For more information, please visit kirshhelmets.com

Park & Elm: Grand Opening!

Park Street Hospitality is hosting the grand opening for their restaurant, Park & Elm, on Friday, December 9th. This is their next step – after the successful opening of the gourmet food market & delicatessen on November 19 – for this multi-concept eatery. Chef Matthew J. Delos has moved his team over from the kitchen at Doc’s Restaurant.

Park Hospitality Manager Ben Miller said: “We are beyond excited to open the dining room doors at Park & Elm. With a fresh take on classic dishes, an expanded cocktail and wine program, and a bright welcoming atmosphere, we are eager to welcome customers to this new chapter in our journey.”

Park & Elm has 85 seats in the dining room and a full service bar; the cocktail menu of which was crafted by lead bartender Ethan McKee. In the Spring, guests will also be served on the three-season enclosed patio, which provides the restaurant with an additional 60 seats. The restaurant will be open Wednesday through Saturday starting at 5:00 PM, and the market is open Tuesday through Saturday from 7:00 AM to 9:00 PM.

For opening night, seats in the dining room will be available by reservation only, and the event will include a ribbon cutting presented by the Adirondack Regional Chamber of Commerce at 4:00 PM.

For more information, call (518) 480-3220, or visit parkandelm.com

Glens Falls Ladies’ Night

Glens Falls Collaborative

On Thursday, December 8th, The Glens Falls Collaborative is hosting Glens Falls Ladies Night from 4:00 PM to 8:00 PM. Participating businesses will stay open late, offering a variety of discounts; and bars, restaurants & eateries will have special offerings as well. 

The Glens Falls Collaborative is a membership organization whose mission is to band together and support Glens Falls. This group organizes festivals, creates advertisements and holds mixers, along with working with the city of Glens Falls on hospitality efforts. 

Amongst the shops and stores that are participating in this event, there will also be a pop up party at The WorkSmart Coworking & Meeting Space. This shared workspace concept is a locally owned and certified NYS women-owned business, which is owned by Christy Alexander. The workspace is scaled to individual needs, and utilizes membership plans with different tiers: the four tier system ranges from a $25 per day drop in pass, $159 per month shared workspace, $309 per month dedicated desk, & $409 and up per private office. 

Christy Alexander owner of WorkSmart

The WorkSmart concept helps people who work remotely create a dedicated workspace. There are some challenges to working from home, including distractions, and the blurred lines between home life and work life… WorkSmart creates an environment where people can better concentrate on their work, and also collaborate with other professionals. For people interested in trying out the workspace, there are $25 “Drop-In Passes” available.  These passes can be purchased online, and offer a choice of using the shared workspace or a private office; or a meeting room can also be booked. WorkSmart is located at 237 Glen Street, in Glens Falls, NY. For more information, visit worksmartgf.com.

The Glens Falls Collaborative has hosted events that are synonymous with Glens Falls Festivals, including the Adirondack Christkindlmarket, Wing Fest, and Take a Bite. For more information about Glens Falls Ladies’ Night and The Glens Falls Collaborative, visit https://glensfallscollaborative.com/.

Warrensburg Community Job Fair

Warren County Career Center Job Fair

The Warren County job fair is scheduled for Monday December 12, 2022. This event will be held at the Warrensburg Fire Station on 18 Elm Street, from 9:00 AM to 1:00 PM. Businesses located in Warrensburg, Chester, Johnsburg, Thurman, Horicon, Hauge & Stony Creek are invited to register for this hiring event; there is room for up to 20 businesses. This event will include Warren County agencies, such as Warren County Department of Public Works and Countryside Adult Home.

“While the unemployment rate remains low, we still see great value in hosting job fairs to promote all of the great employment options that exist in our community. We have excellent places to work in the northern part of the county, and sometimes they just need the spotlight and the exposure so more residents know about these employers” said Liza Ochsendorf, Warren County Director of Workforce Development. 

There had been a previous job fair on October 20, 2022, at Crandall Public Library in Glens Falls; that event hosted 11 employers and 31 job seekers. Businesses that would like to participate are asked to register online at form.jotform.com. Job seekers are not required to register – they can walk in between the hours of 9:00 AM and 1:00 PM on December 12, 2022. For more information, email ochsendorfl@warrencountyny.gov or call (518) 824-8865.

Warren County Data: COVID-19 is Still With Us

Warren County COVID Statistics

As much as all of us would love for COVID-19 to be a thing of the past, sadly it is not… As with the cycle of any virus, cases tend to spike after a holiday.

There have been 2 more COVID-19 related deaths, according to Warren County Health Services: these individuals passed away at area hospitals, and were in advanced years of 70s and 80s. Of the 11 cases reported to Warren County on December 5, 2022, 6 were found from home testing. There are 5 people in the hospital in Warren county with COVID-19; this is an increase of 1 person. In the last 5 days, there have been 100 reported cases of COVID-19. 

An Axios/Ipsos poll shows that most Americans are not worried about COVID going into the holiday season: one out of three polled saw contracting COVID as a high risk. It seems that Americans are calculating the risk of COVID, and moving on. Half of Americans have returned to their pre COVID routines. According to the poll, American feel optimistic about their health and their financial health. A larger percentage still support government efforts to fight the virus; however, 44% of respondents say that the government has spent enough on fighting COVID, and it’s time to move on. 

86% of Americans feel that they are in a better place than they were a year ago, though 84% of Americans feel that we will not be completely rid of the virus in our lifetime.

As we calculate the risks of contracting COVID, there are steps to take to try and avoid getting the virus and spreading the virus. Warren County Public Health suggests:

  • Stay up to date with the latest booster
  • Tell guests to stay home if they are feeling sick (even without a fever)
  • Ask guests to take a home COVID test before arriving
  • Make gatherings a bit smaller
  • Encourage guests with weakened immune systems to wear masks
  • Increase air ventilation
  • After the gathering monitor for signs of symptoms

Warren County is deemed to have “low’ community levels of COVID-19.

COVID-19 home tests are available and free to the public: they are located at the Warren County Municipal Center (DMV & Human Services Building entrances), Glens Falls City Hall, and town halls around Warren County. 

Suspect in the “Walmart Parking Lot Shooting” Arraigned

Adrian Simental

Adrian Simental was arraigned on Monday, December 5, 2022, at the Queensbury Town Court. He is accused of firing a handgun at Brandon Grant, a 52-year-old New York City man. The incident is alleged to have occurred after an aggressive driving incident moments earlier on Route 9 in Queensbury: Police said Simental followed Grant into the Walmart parking lot, where a verbal and physical fight occurred. Simental allegedly then shot Grant in the abdomen. Grant was treated at both Glens Falls Hospital and Albany Medical Center, and has since been released.

Simental faces felony charges of attempted first-degree assault, and second-degree criminal possession of a weapon. 

According to NY Penal Law, first-degree assault is a criminal offense that involves intentionally or recklessly harming another person; assault in the first degree is the most serious type of assault you can commit. In order to be convicted of assault in the first degree, the prosecutor must show the following:

  • That you injured someone using a deadly weapon or dangerous instrument, and you had intent to cause serious injury or,
  • That you injured someone, and you had the intent to seriously and permanently disfigure or,
  • That you seriously injured someone, and you did so in manner that showed you had depraved indifference to human life or,
  • That you seriously injured someone while committing a felony

Felony assault is a Class B felony.

The maximum sentence for being convicted of assault in the first degree is up to 25 years in prison, and as it’s a violent felony offense, the minimum possible sentence is 5 years.

Simental also faces second degree criminal possession of a weapon; this is the most serious of the criminal possession charges. It is against the law to possess a loaded firearm in your vehicle without a license for it. It is also illegal to possess a disguised firearm with the intent to use it in an illegal manner. 

This is a class C felony, and could result in a prison sentence of up to 15 years, and since it’s also classified as a violent felony offense, the minimum possible sentence is 3 years. Probation is not an option, even if the offender has no prior criminal record. 

According to court documents, Simental said, “I’m a general laborer, but mostly now it’s gonna have to be construction. They are the only ones that take felons, right?”

His next court appearance will be January 3, 2023. He is being held at Warren County Jail, for lack of $200,000 cash bail or $600,000 bail bond.

Tis the Season for Holiday Party Troubles

We love a good non-work-related holiday party.  Work related? As lawyers like to say, it depends.  But both can get the host – and attendees – in trouble.  Here are some tips for avoiding lawsuits and headaches related to holiday parties.

Employment issues:  Sexual harassment or assault is an obvious concern particularly when alcohol is involved.  If something happens at a work function, and it’s reported and the employer does nothing about it – or the perpetrator of bad behavior is the boss – it can result in a host of legal problems.  Not only can this conduct implicate employment law issues, but intentional conduct by the boss can get around the Workers’ Compensation bar that usually prevents employees from suing their employer in negligence or for intentional torts (like assault or battery).  And if the victim is a guest, and not an employee, they can also sue for negligence. 

Tip to avoid: If you are the employer, the party pooper in us says spare your employees another work-related obligation and give everyone a bonus. Barring that, keep an eye on how much alcohol is served and if someone is starting to behave badly, get them home safely. If inappropriate behavior is reported, take it seriously, don’t brush it off, do an investigation and, if appropriate, discipline or counsel the perpetrator. Don’t retaliate against the complainer or make them feel like they aren’t being protected – this is when people call lawyers. 

If you are the employee, remember that this is fun but still work. Inappropriate behavior or offensive conversation can have repercussions. Most employees in New York are at will, meaning that you can be fired at any time for any reason as long as it’s not discriminatory or because of protected activity (i.e., retaliatory). As long as an employer applies its code of conduct evenly, it’s unlikely you’ll have any recourse if you’re fired for behaving badly at a holiday party.   

Premises liability: If you are hosting a party on property you own or have control over, you are liable for injuries caused by dangerous conditions on the property that you knew or should have known of, or that you created.  This can include dangerous people present on the property.

Tip to avoid: Make sure your homeowner’s insurance is up to date. This would also be a good time to fix any safety issues you know about and have been ignoring (for example, is everyone going to be entering your house on a wobbly front step, or where a handrail is loose?). In winter, you also want to be sure there isn’t an accumulation of ice or snow where people will be parking and walking. The law only gives us a reasonable period of time after a storm to clean up. 

Dog bites: Does your dog get too excited, anxious or aggressive when strangers or a lot of people are around? Pet owners are strictly liable (meaning it doesn’t matter if you were negligent, i.e., careful or not careful) for injuries caused by their animals if they knew or should have known that the animal has dangerous propensities. Under the law, “dangerous” doesn’t always have to be “vicious” (as in Cujo), even though that’s a common term used when talking about dog-bite legal issues.

Tip to avoid: Put your dog somewhere it can’t escape or will not be walked in on, or out of the house completely. Warning people is not going to help you in this situation. 

Dram Shop (bar owners and commercial sales):  Do you own a bar?  Bars in New York are liable for injuries caused by individuals who are over served. So, if you serve a visibly intoxicated person and they leave and injure or kill someone in a drunk driving accident, you can get in big trouble. 

Tip to avoid: Don’t be afraid to refuse to serve, refuse to pour shots, or kick people out. 

Dram Shop (furnishing alcohol to minors):  New York’s Dram Shop law also makes it illegal to furnish or procure alcohol for minors (under the age of 21).  This is a good way to get in trouble during a house party and or if you have rented an establishment for a party and serve minors. 

Tip to avoid: Don’t do it and don’t turn a blind eye to it if it’s happening under your roof. 

We wish everyone a happy and safe holiday season, and thank you for reading!

To learn more about how D’Orazio Peterson can help you, visit here or go to our website: www.doraziopeterson.com


ABOUT THE AUTHOR

Giovanna A. D’Orazio has experience litigating, among other things, commercial, general civil, employment, land use and personal injury matters in New York State and federal courts. Giovanna also has experience litigating Article 78 proceedings in New York State court.

Albany Med Healthcare Systems Improve Safety Scores

Albany Medical Logo

The Leapfrog Group gave out high grades to both Saratoga Hospital and Glens Falls Hospital for patient safety: Saratoga Hospital earned an ‘A’ and Glens Falls Hospital earned a ‘B’. These grades place both hospitals in the top 25% of New York State facilities for this category! This shows a rising dedication to patient safety, as Glens Falls Hospital had previously received a ‘C’ score in 2019 and 2020 and a ‘B’ score in 2021, while Saratoga Hospital had received ‘C’ scores from 2019 until this most recent evaluation.

The Leapfrog Group created and administers The Leapfrog Group Safety Grades. This system of grades is a national leader and advocate for hospital transparency, and is both independent and not-for-profit. The goal of the Leapfrog Group is to save lives by reducing errors, injuries, accidents, & infections. They gather the relevant data through the Leapfrog Hospital Survey: this survey is trusted and transparent, and it includes 2,300 hospitals that participate voluntarily and free of charge.  

“Our Leapfrog score reflects our culture of safety and 24/7 commitment to protecting patients from preventable harm and error” Saratoga Hospital President & CEO Jill J. Vankuren said via press release. “The ‘A’ grade is a tribute to our team and a source of assurance to our patients, who can be confident they’re receiving care at one of New York’s safest hospitals.”

The Leapfrog safety system assigns letter grades twice a year to general hospitals based on over 30 measures of patient safety. 30% of U.S. hospitals earned the highest rating of ‘A’ . 28% earned a ‘B’.  Participating in this safety survey gives both Glens Falls Hospital and Saratoga Hospital an opportunity to share best practices for patient safety.  

“Quality improvement across the system occurs through collaboration. As we continue to work together, we are seeing many benefits.” Paul Scimeca, President and CEO of Glens Falls Hospital said. “The Albany Med Health System will continually evolve and improve in the future, and we look forward to working even more closely with Albany Medical Center, Columbia Memorial Health and Saratoga Hospital.”

Vankuren emphasized the shared commitment throughout the shared hospitals systems; the commitment to excellent patient care and continuous quality improvement.

“Patient safety is a top priority for the entire system.” she said. “Our goal, through collaboration and sharing of best practices, is for all our hospitals to achieve the highest grade.” The Albany Medical Health System includes: Albany Medical Center, Albany Medical College, Columbia Memorial Health, Glens Falls Hospital, Saratoga Hospital, and The Visiting Nurses.

Michelle Bennett Memorial Tournament

This weekend at Queensbury High School, the Gold and Blue gymnasiums were filled with basketball games at the Michelle Bennett Memorial Basketball Tournament: the girls Varsity teams filled the Blue Gym, while the JV teams from each of the programs competed in the Gold Gym. 

Michelle Bennett

The tournament featured 50/50 raffles throughout the weekend, sold home made baked goods, and charged a small entrance fee. Hudson Falls, Guilderland, Glens Falls, Cohoes, Queensbury, & Niskayuna each played two games in this unseeded, play-around tournament. 

The Guilderland & Niskayuna Varsity girls teams came out of the weekend undefeated! On Friday, Guilderland beat Hudson Falls 55-34, and on Saturday they beat host team Queensbury 41-31. Niskayuna handed Queensbury the loss on Friday 46-28, and toppled Glens Falls on Saturday, 74-39. Glens Fall enjoyed a win for their season opener on Friday night over Cohoes at 62-44. 

Hudson Falls and Cohoes were in a barnburner on Saturday: this match saw “the Tigers vs. the Tigers”. The two teams traded points throughout the second half of the game, each team racing down the court executing plays and hitting foul shots… Regulation ended in a 46-46 tie; however, Hudson Falls pulled away in overtime, and the final score was 56-50. 

End of regulation play

It was a wonderful weekend to honor and remember a member of both the Queensbury and Glens Falls Communities: Michelle Bennet was a loving mother, teacher, leader and friend.

Michelle Bennet: 11/17/68 – 2/5/22