THE PAUL PLANTE STORY

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Re: THE PAUL PLANTE STORY

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June 8, 2023 Poestenkill Town Board Meeting

https://www.youtube.com/watch?v=8cXdWg5pAgY
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Re: THE PAUL PLANTE STORY

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From: Eric Wohlleber <wohlleber.eric@gmail.com>

Sent: Monday, July 17, 2023 8:48 AM

Subject: Poestenkill PFOA Update

Neighbors,

I have received several calls/emails recently on the Town Board's action on Thursday night, so I thought I would provide an update to this group.

On Thursday, July 13th the Poestenkill Town Board approved a resolution to authorize a notice of claim in relation to the PFOA/PFOS contamination to be served to the Averill Park Central School District.

I voted for this resolution because it is an important step in protecting the property rights, property values and the health of Poestenkill residents.

By serving the school district this notice of claim, the Town is taking a necessary step in protecting the rights of the town on behalf of its residents who have been negatively impacted by the PFOA/PFOS contamination.

This notice of claim, provides the Town of Poestenkill one-year to file any potential action in relation to the contamination.

As per the resolution - "The New York State Department of Environmental Conservation issued a Final Assessment Area Report on April 20, 2023 - concluding the Algonquin Middle School is the significant source area for PFOA and PFOS contamination found in groundwater in such location..." and "the Town of Poestenkill confirms it authorization to cause the preparation of a notice of claim on behalf of the Town of Poestenkill to the Averill Park Central School District.... with respect to all legal and/or equitable rights and remedies that the Town of Poestenkill may have against the Averill Park Central School District with respect to groundwater contamination and costs incurred by the Town of Poestenkill..."

The Town had, by law, 90 days after the filing of the final report (by NYSDEC) to file the notice of claim to reserve the town's rights for any potential future action, if the Town Board chooses that route.

I hope this update helps to clarify, please don't hesitate to contact me with any questions - my cell is 518-857-0645.

Eric Wohlleber
Poestenkill Town Councilmember
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Re: THE PAUL PLANTE STORY

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Date: July 18, 2023

From: Paul R. Plante, NYSPE, Assoc. P.H. Eng.

Subject: Poestenkill PFOA Update; Poestenkill Notice of Claim against Averill Park School District

Dear fellow Poestenkill residents and neighbors:

This communication is in response to an e-mail sent out on 17 July 2023 by Poestenkill Town Councilmember Eric Wohlleber titled "Poestenkill PFOA Update" wherein Town Councilmember Wohlleber stated that in response to several calls/emails he received recently on the Town Board's action on Thursday night, July 13, 2023, he thought he would provide an update to this group by informing the group that on Thursday, July 13th. the Poestenkill Town Board approved a resolution to authorize a notice of claim in relation to the PFOA/PFOS contamination to be served to the Averill Park Central School District.

Councilmember Wohlleber then informed the group that he voted for this resolution because it is an important step in protecting the property rights, property values and the health of Poestenkill residents, which in fact is a false and misleading statement, as it does none of that, as we shall see by analyzing the matter further herein.

Councilmember Wohlleber continued by stating that by serving the school district this notice of claim, the Town is taking a necessary step in protecting the rights of the town on behalf of its residents who have been negatively impacted by the PFOA/PFOS contamination, which is another false and misleading statement as we clearly see from the language of Councilmember Wohlleber's next sentence, to wit:

"This notice of claim, provides the Town of Poestenkill one-year to file any potential action in relation to the contamination."

end quote

The words "any potential action" are what are known as weasel words, which are words used in order to evade or retreat from a direct or forthright statement or position.

Ask yourself how our rights as citizens are in any way, shape or manner protected by a "potential action" that may or may not be filed by some future town board, given that two council positions plus supervisor are up for election this coming November, and the simple answer is they are not, especially since the Town has no cause of action against the school district, given the Town has no evidence that the school district caused the harm, as we see by going to Councilmember Wohlleber's next statement, to wit:

As per the resolution - "The New York State Department of Environmental Conservation issued a Final Assessment Area Report on April 20, 2023 - concluding the Algonquin Middle School is the significant source area for PFOA and PFOS contamination found in groundwater in such location..."

In point of fact, the DEC report does not say that, at all, because the words "is the significant source area for PFOA and PFOS contamination" do not appear anywhere in that report.

What that report, titled " Multiple Low-Level Sources of PFAS Are Likely Cause," which is the school's defense, does say is as follows:

* Information collected over the last 18 months suggests multiple low-level sources of PFAS are contributing to the PFAS observed in drinking water.

* The investigation findings suggest that PFAS detections in private wells are likely emanating from non-point sources of wastewater.

* The highest levels of artificial sweeteners were also detected in the wells near the septic system, suggesting that wastewater is the most likely source of PFAS contamination in groundwater serving as the school’s drinking water supply.

Now, for the record, the use of the word "suggest," which is a non-technical term of no evidentiary value in a court proceeding whatsoever, means “put forward for consideration,” and the use of that word in the DEC Report, which was written by a lawyer, not a professional engineer, means Poestenkill has proof of exactly nothing, and without proof, Poestenkill has no lawsuit, because a lawsuit cannot be based on a mere suggestion, which fact Town Attorney Andy Gilchrist would have been well aware of before this SHAM notice of claim was written, which goes to conclusively demonstrate that this whole notice of claim business is just another SHAM on the part of the town board which has been lying to us right from the word go as it endeavors to protect Waste Management and its own gross negligence, and Waste Management will be the beneficiary, because this SHAM is going to run out the statute of limitations, thus giving WM immunity, which takes us back to these words Councilmember Wohlleber, to wit:

"The Town had, by law, 90 days after the filing of the final report (by NYSDEC) to file the notice of claim to reserve the town's rights for any potential future action, if the Town Board chooses that route."

end quote

And there we have the words "potential future action" again, which mean exactly nothing, because that whole resolution is a SHAM intended to gull fools - there will be no action because the town does not have a cause of action against the school district because it has no proof the school district caused any harm.

Respectfully,

Paul R. Plante, NYSPE, Assoc. P.H. Eng.
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Re: THE PAUL PLANTE STORY

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Date: July 19. 2023

From: Paul R. Plante, NYSPE, Assoc. P.H. Eng.

Subject: Calling Poestenkill's bluff; Notice of Claim against Averill Park School District

To all concerned:

For the record, I have just returned (1:00 P.M.) from the business office of the Averill Park School District after serving them a copy of my communication of July 18, 2023 concerning this ridiculous and absurd notice of claim against the Averill Park School District put forth on 17 July 2023 by Poestenkill Town Councilmember Eric Wohlleber who since September of 2021 has been insulting our intelligence by spearheading Poestenkill's amateur-hour, bush-league whitewash regarding the PFAS contamination of our groundwater by Waste Management at the Poestenkill Transfer Station, to give the School District timely notice of the scam, as I do not believe the town actually intends to serve the notice of claim, and instead is doing what Poestenkill is so famous for, which is lying to us through its teeth.

By alerting the School District, to which we all pay property taxes, that gives them ample opportunity to file a counter-claim for nuisance, negligence and trespass against the Poestenkill Town Board, its code enforcement officer, the absolutely worthless Rensselaer County Department of Health, the NYSDOH, the NYSDEC and Waste Management for harm done to property we all jointly own as school district taxpayers.

Paul R. Plante, NYSPE, Assoc. P.H. Eng.
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Re: THE PAUL PLANTE STORY

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From: Eric Wohlleber <wohlleber.eric@gmail.com>

Date: July 28, 2023 at 8:48:05 PM EDT

Subject: Poestenkill PFOA Water Update

Neighbors,

I just received a message this evening from a member of Senator Gillibransd's office with some great news.

See below:

"The appropriations committee moved your Poestenkill Water Supply Project CDS request forward!"

"This means there is a very high likelihood your project will be included in the final appropriations package and funded."

"I will keep you updated on any movements and please let me know if you have any questions."

This is an important step to hopefully securing additional funding for a potential Water District #2 here in Poestenkill, which would lower the cost per unit, should the district receive approval;

Let me know if you have any questions.

Eric Wohlleber - 518-857-0645
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Re: THE PAUL PLANTE STORY

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31 July 2023

Hon. Kirsten Gillibrand
U.S. Senator
Leo W. O’Brien
Federal Office Bldg,
11A Clinton Ave
Rm 821
Albany, NY 12207

RE: Federal funding for Water District No. 2, Poestenkill (T), Rensselaer County; U.S. Constitution, Article I, Section 9, Clause 7: No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law

Dear Senator Gillibrand:

As you will recall, on 28 January 2023, I sent a letter to your office concerning this above referenced matter of Water District No. 2 in the town of Poestenkill, Rensselaer County, state of New York titled RE: Poestenkill (T), Rensselaer County; Water District No. 2; Requesting federal assistance for Water District No. 2 based on false pretenses, wherein I detailed for you the fact that the PFAS contamination in Poestenkill’s groundwater is as a result of willful gross negligence and neglect of duty by the town of Poestenkill itself, which raises the substantive question of why the federal taxpayers should be put on the hook here to pay for the intentional negligence and neglect of duty by Poestenkill, especially when the request is made based on falsehoods?

Subsequent thereto, on July 28, 2023, Poestenkill Town Councilmember Eric Wohlleber, who since 27 September 2021 has been spearheading a whitewash and cover-up in this matter to protect the polluter, Waste Management of New York, LLC, at the Poestenkill transfer station in a Planned Development District at the intersection of NYS Rts. 66 and 351 in Poestenkill regulated by the town of Poestenkill, sent out a notice to Poestenkill residents titled Subject: Poestenkill PFOA Water Update, wherein was stated as follows, to wit:

Neighbors,

I just received a message this evening from a member of Senator Gillibrand's office with some great news.

"The appropriations committee moved your Poestenkill Water Supply Project CDS request forward!"

"This means there is a very high likelihood your project will be included in the final appropriations package and funded."

"I will keep you updated on any movements and please let me know if you have any questions."

This is an important step to hopefully securing additional funding for a potential Water District #2 here in Poestenkill, which would lower the cost per unit, should the district receive approval.


end quotes

So my question to your office, which I will also raise with Senator Patty Murray, Chair of the Appropriations Committee, and Senator Susan Collins, Vice Chair of the Appropriations Committee, remains the same: why are the federal government taxpayers, who get no benefit from the expenditure of these federal dollars, being put on the hook here to pay for the intentional negligence and neglect of duty by the town of Poestenkill, coupled with nuisance, negligence and trespass by Waste Management of New York, LLC at the Poestenkill transfer station?

This question is relevant because to date, there has been no demonstration whatsoever that this water district is even needed because in a New York State Department of Environmental Conservation (NYSDEC) Report titled “Community Update - April 2023 – Poestenkill Area PFAS Contamination, it was stated as follows, to wit:

To date, RCDOH has sampled 97 private wells near the school.

PFOA and/or perfluorooctane sulfonic acid (PFOS) were detected above the State’s public drinking water standards of 10 ppt in 14 private wells.

As a result, DEC provided the 14 homes served by private wells that exceed 10 ppt with point-of-entry treatment systems (POETs) to filter out PFAS and provide clean drinking water.

The remaining 83 private wells did not show PFOA or PFOS detections above the standards.


end quotes

The cost of these activated carbon point of entry treatment systems is between $300 – $1,800, and as the NYSDEC Report from April of 2023 makes incandescently clear, the 14 homes affected have already had these systems installed, which the NYSDEC states will provide them with clean drinking water, which is more than this proposed Water District No. 2 can claim, given it is based on a surface water supply which itself is susceptible to PFAS contamination.

As to the remaining 83 private wells, the cost of installing activated carbon filter point of entry systems, which is the most cost-effective solution, assuming a cost of $2000 per home, would be $166,000, which money Poestenkill already has in hand.

So what then, is your office providing federal tax dollars to Poestenkill for?

To establish a slush fund for the local politicians?

We federal taxpayers residing in Poestenkill would like to know!

Thanking you in advance for your prompt reply to this taxpayer inquiry, I remain

Respectfully.

Paul R. Plante, NYSPE
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Re: THE PAUL PLANTE STORY

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7 AUGUST 2023

Richard Elder
Rensselaer County
Department of Health
1600 7th Avenue 2nd Floor
Troy, NY 12180

RE: New York State Constitution Article I, §8. Every citizen may freely speak, write and publish his or her sentiments on all subjects

Dear Mr. Elder:

Let me take a moment out of my precious time to formally introduce myself to you.

First off, I have resided in this county for seventy-seven years now, which is longer than you have been alive, and I happen to be a county tax payer who pays your salary for the nothing I get in return.

Beyond that, I am licensed as a professional engineer in New York State, and beyond that, I am qualified by exam as an associate level public health engineer in New York State, which is a title I earned and a title I own for the rest of my life.

I do not have to work for the state or the county to call myself an associate level public health engineer, and you would be wise to keep that firmly in mind.

Between June of 1986, and October 12, 1988, at which time I went out on disability status, I served as the Rensselaer County Associate Public Health Engineer, and in that capacity, I was personally responsible for the planning, direction and supervision of the environmental health program of the Rensselaer County Department of Health, which work involved providing advice and guidance to local officials and the general public in regard to environmental health problems and the measures necessary for improvements and compliance with legal requirements, and I further provided leadership in the promotion of public health in the Rensselaer County health District through application of environmental practices, and in addition, was responsible for the enforcement of the provisions of the Public Health Law and local and State Sanitary Codes in relation to environmental matters in the Rensselaer County Health District relating to air pollution, x-ray installations, public water supplies, sewerage and wastes disposal, operation of water and sewage treatment plants, swimming pools and bathing beaches, camps, hotels, lodging and boarding houses, restaurants and public eating places, stream pollution, realty subdivisions, qualifications of water and sewage treatment plant operators, public health nuisances and related matters, while making environmental health investigations of outbreaks of disease, and formulating and carrying on or directing programs for training of water plant operators, environmental health personnel, food handlers, restaurant proprietors, camp owners and other classes of operating personnel.

In that capacity, I was twice commended in writing by then-New York State Health Commissioner Dr. Axelrod for my integrity and my efforts to protect and promote the public health in the Rensselaer County Health District.

As to my status with the Rensselaer County Department of Health, I have been on permanent disability since 12 October 1988, and again, you would be wise to take heed of that fact.

As to my status as being permanently disabled, on September 27, 1994, then-Rensselaer Coun ty Executive John L. Buono was deposed under oath by myself represented by attorney and this is the relevant part of that transcript that again, you would be wise to take heed of, to wit:

Q: Did there come a time in May 1993 when you were consulted about a Worker's Compensation proceeding that Paul Plante had initiated?

BUONO: Yes.

Q: Are you aware that on or about July 18, 1993 that the County had entered into a stipulation that Plaintiff (Paul R. Plante) had suffered a partial disability as a result of a work-related illness that was generated during the time he was employed as the engineer for the Health Department?

BUONO: I'm aware of that, yes!

Q: And ultimately, prior to the time that the stipulation was entered into, did you consent to it?

BUONO: Yes.

end quotes

Now, the reason I am taking this time to introduce myself to you is that I understand from a reliable witness that you have been putting forth that you know me, which is not true, because you have never met me, and wouldn't know me if you were standing next to me, that you have spoken to me, which is technically true, because you did speak to me on the phone for about two minutes to inform me that I had PFAS in my drinking water supply and that I was on my own and would get no assistance in the matter from the Rensselaer County Department of Health or your office, at which time you terminated the call, and that I am not qualified to render professional judgments on commercial sewage disposal systems because I happen to have my PE license on inactive status, this in apparent reference to an e-mail I sent to Derrick Gardner, P.E., Water/Sewer Engineer, Rensselaer County Department of Health, 1600 7th Ave, 2d Floor, Troy, N.Y. 12180 on 24 March 2023 RE: The Mess Hall, wherein I stated as follows, to wit:

My question to you (Gardner) as the approving/permitting engineer has to do with this "standardized flow test" that you are relying on to limit the seating to 21 seats, where that "standardized flow test" was derived from, so I can independently check the protocols and methodology associated with it.

In an e-mail to yourself from Mr. Dean dated December 3, 2020, Mr. Dean states thusly concerning that "standardized flow test", to wit:

I did indicate that I would be providing a report/letter summarizing everything, including my findings with the flow test.

This has been customary for commercial projects in the County that I have been associated with.

end quotes

Now, I personally do not know Mr. Dean, I know nothing about him, so I know nothing about commercial projects in the County that he has been associated with, and not knowing anything about him, or any of those projects, whatever they may have been, and for whom, I also do not know what is "customary," a very subjective non-engineering term if there ever was one.

Given that your conditions imposed on the Hardys on 21 December 2020 are based solely on something Mr. Dean calls "customary," what I would like from you is the Standard Reference from which this "customary" flow test is derived.

Does this "customary flow test" come from Appendix 75-A Wastewater Treatment Standards - Residential Onsite Systems, or the State Health Department's companion document to Appendix 75-A, "Residential Onsite Wastewater Treatment Design Handbook," or does it come from New York State Design Standards For Intermediate Sized Wastewater Treatment Systems dated March 5, 2014 put out by the New York State Department of Environmental Conservation Division of Water, 625 Broadway, Albany, New York 12233-3505?

Or does it come from some other source?

end quotes

Now, from what I understand, you are contesting my right to request that information from Mr. Dean, which incidentally, and not at all surprisingly, given the slipshod and unprofessional nature of your operation down there, I never received, on the grounds that by asking for that information with my PE license on inactive status, I am practicing engineering without a license, which apparently you deem to be a criminal offense on my part, which if true, makes you out to be an ignorant fool, because anybody is entitled to that information, even if they don't have a high school diploma.

For your information, I do not need a PE license to request that information from Mr. Dean, nor do I need a PE license to evaluate that information, given the undisputable fact that I am indeed an associate level public health engineer who is eminently qualified to perform such an evaluation.

And as an elder in my community, where I have resided longer than you have been alive, if I choose to engage in responsible speech on behalf of someone or anyone in the community who is being bullied and strong-armed by you, and is being forced to have to make costly and expensive modifications to an existing sewage disposal system which has absolutely nothing wrong with it in order to stay in business, which is a form of extortion on your part, especially given that you have no professional competence to render judgments on commercial sewage disposal systems, given you do not possess a necessary PE license, my doing so is protected by New York State Constitution Article I, §8, wherein is stated in clear and unequivocal language that even you should be able to understand and comprehend that EVERY citizen, and that includes me, may freely speak, write and publish his or her sentiments on all subjects.

Do you deny me that right?

As to your complaint that I am practicing engineering without a license by requesting that information, I am strongly suggesting that you put that complaint in writing and send it to this following address for adjudication, to wit:

Chief Investigator
Office of Professional Discipline
1411 Broadway, Tenth Floor
New York, NY 10018

Trusting I have made myself incandescently clear, and thanking you in advance for your timely action in getting that complaint made in writing so that I can be afforded to opportunity to deal with it in a professional setting, I remain

Sincerely,

Paul R. Plante, NYSPE, Assoc. P.H. Engineer
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Re: THE PAUL PLANTE STORY

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August 10, 2023 Poestenkill Town Board Meeting

https://www.youtube.com/watch?v=qIvaS6izj_Y
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Re: THE PAUL PLANTE STORY

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Disabled Viet Nam veteran schools a corrupt town supervisor at a town meeting in corrupt Poestenkill, NY, on the meaning of community and citizenship duty in this YouTube video:

Starts at 7:03:

September 14, 2023 Poestenkill Town Board Meeting

https://www.youtube.com/watch?v=TiTSiQs53aw
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Re: THE PAUL PLANTE STORY

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Date: 22 September 2023

To: Poestenkill Town Residents

Re: Keith Hammond

Dear Neighbors:

For those of you who were at the 14 September 2023 town board meeting, you heard me reading from a letter Poestenkill town supervisor Keith Hammond, then a town council member, and hence a public official in Poestenkill, had posted @ p.17 in the 11 December 1995 edition of the Sand Lake Advertiser, which letter started as follows, to wit:

Unfortunately, not everyone who reads your articles realizes, as I do, that you are mentally disturbed, a condition that causes your inability to effectively function in society.

end quote

In the feedback I have received since then, I was informed that I was somehow out of line, bringing what was construed to be a personal matter into a town board meeting.

My response was that it was hardly a personal matter, since Keith Hammond signed that letter as a town councilman, not a private citizen.

For the record, to my knowledge, Keith Hammond lacks certification as either a psychiatrist, a psychologist, or a social worker, and hence, has no qualifications to declare ANY town resident as being mentally disturbed, and unable to effectively function in society.

But as I said at that meeting, this is Poestenkill, and in Poestenkill facts do not matter - just make up things instead and the beauty is that NO ONE in Poestenkill will question what is said, and instead will accept it as truth, as many people in Poestenkill did with that letter, because a town official said so, and what more is needed.

And at the time that I was cut off from speaking further by Keith Hammond at the 14 September 2023 town board meeting, I was about to bring up another town board meeting on or about 20 June 2005 where Poestenkill Town Councilperson Keith Hammond spoke for the Town Board, Thomas Slavin presiding as supervisor, denigrating an October 3, 2002 decision of Rensselaer County Supreme Court Justice James B. Canfield in Matter of Plante v. Planning Board of the Town of Poestenkill et al., Rensselaer County Index No. 204938, a matter I prevailed in withy Poestenkill town attorney Patrick Tomaselli the loser, with Hammond making the judge out to be a fool, and in that meeting, again speaking on behalf of the town board as a public official, not a private citizen, Keith called me a "RETARD" to the amusement of the then-town board, that being on the record in an official Poestenkill Town Board meeting.

My purpose in speaking on the record at the 14 September 2023 was to appraise new people in Poestenkill of exactly what type of people they have running this town, and to request that Keith Hammond provide the town residents with any and all proof or evidence in his possession that would indicate that I am a RETARD who is mentally disturbed, and unable to effectively function in society, which he didn't do, and would be unable to do, and I found it curious that after I left, there was NO ONE in the room with the courage to go to the podium and ask Keith for proof that I was mentally disturbed, which is real statement about the people of the town, itself, who accept town officials singling out town residents for ridicule based on nothing but outright lies.

It is a statement about Keith Hammond that he calls anybody a RETARD, and it is a further statement about the people of Poestenkill that they not only accept this type of conduct by their elected officials, but further actually believe Keith that I am a RETARD, and thus, not entitled to protection of law in Poestenkill, because RETARDS are not welcome in Poestenkill.

Respectfully,

Paul R. Plante, NYSPE, Assoc. P.H. Eng.
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