Catskill Mountain Railroad News - 2013

daylight4449 · **Posted:** Sun Apr 28, 2013 7:27 pm

Even if the city moves the truck tonight, there is evidence enough in just the photograph in the article (I did a screenshot of the page just so I can figure some way to make fun of the whole situation) so the FRA could issue fines against the city. You don't need to be a tactical genius, to see that there are two possible scenarios:
1)Those in charge of the City of Kingston really don't realize the potential trouble they've just caused themselves
or... Wait, there is no second scenario!

J3a-614 · **Posted:** Sun Apr 28, 2013 9:24 pm

From the parallel "Think YOU have problems with your neighbors?" thread:

wilkinsd wrote:

Unlike others, I shall keep my comments germane and to the issue at hand. For disclosure, while I am a lawyer, I am not licensed in the state of New York, thank God:

1. Unless you are a resident and voter in Kingston,NY, your comments to the mayor don't mean anything. Seriously, do you think he's gong to listen to people who don't vote, live and/or own businesses in his city?

2. It's not the city's place to "enforce" the Temporary Restraining Order/Temporary Injunction ("TRO"). The Court is the body that enforces it, and if and only if the Catskill Mountain Railroad ("CMR") violated it. I'm sure the Court would love to hear that the posting.php?mode=quote&f=1&p=195327#city took it upon itself to "enforce" the TRO.

3. This is a TRO. In a TRO situation, the other party, in this case CMR doesn't appear, isn't notified, and does not get to state its case. It's a very one-sided affair. The TRO is only for a limited time, the Court has to hold a hearing and decide whether to make the injunction permanent. As much as others on this board don't think you need an attorney, I hope CMR hires one. By the way, in New York, the "Supreme Court" is your local county court, usually called "Superior Court" and/or "Circuit Court" in your jurisdiction.

4. How did the City get lead paint samples from the cars? It's bonafide proof of trespass. If I were CMR I'd get the state police involved, and/or seek other legal remedies.

5. There is some indication that the City may have violated Federal and/or state law by doing what it did. If I were CMR, I'd use this to my advantage, especially in the hearing mentioned in Paragraph #3 above. Or, go to court and get a TRO against the City for blocking the right of way.

6. This isn't about two rusty passenger cars. It's probably about a larger issue, the rail trail. The mayor is using the legal system to inflict a "death by a thousand cuts" on the CMR. If CMR wins this round, they will find something else.

7. Fighting City Hall is hard. After all, government has the almost unlimited pocketbook of your tax dollars to spend on legal fees to fight you.

8. This is a golden opportunity to use the power of public relations, media and social media to make the mayor of the City look like a horse's behind. Think of holding an Operation Lifesaver press conference at the grade crossing, with the dump truck in the background. "The City of Kingston act foolish, but you shouldn't at grade crossings."

In the end, it will be interesting to see how this plays out, but the melodramatic step of placing a dump truck on the right of way may be one step too far.

David W.
Injunction Junction, MO

eehiv · **Joined:** Tue Feb 28, 2006 8:54 pm **Posts:** 1336

Friday, April 26th

On Friday, the CMRR ran two special trains for the NY Central Historical society, one in Kingston and one in Phoenicia. Crew included Earl Pardini, Al Schoessow and Dan Howard.

Saturday, April 27th

In Mt. Tremper, George Peck, Dave Heick, Art Vogel and Jarrett May inserted 11 new ties at Rock Cut.

In Kingston on Saturday, crews at Cornell St. did a general yard cleanup separating disposables from scrap metal near the south gate. Work continued on the tamper at Cornell St. restoring it to partial service, a fuel leak on the JD backhoe was repaired. At the 209 crossing, loose litter and metal diaphraghm frames from the LG and around the area where the cars rested were secured and removed by truck for disposal/storage. West of Chandler Dr., track crews inserted and gauge spiked 12 ties, brush clearing and finish grading on the north side of the same track section was also undertaken. Today's crews included; Earl Pardini, Ernie Klopping, Steve Gollow, Al Schoessow, Alex Sorenson, Frank Libihoul, Russell Nelson, Bob Blake, Ron Epstein, Dick Wilhelm and Mark Glaser.

Also in Kingston, Al Johnson did an inspection of the Lion Gardiner and the 703/4322.

Sunday, April 28th

On Sunday, crews returned to the tangent west of Chandler Dr. and moved west toward Westbrook Lane Station. 13 ties were inserted and 25 were hard spiked. Extensive drainage work and regrading with heavy equipment was done just west of Albany Ave. and under Chandler Dr. At Cornell St., the new west switch stand was adjusted and placed in service. Today's crews included; Earl Pardini, John Prestopino, Ron Epstein, Russell Nelson, Alex Sorenson, Al Schoessow, John Patane, Steve Gollow and Mark Glaser.

Also on Sunday, George Peck spiked up the 11 ties inserted Saturday at Rock Cut.

Ernie Hunt
Volunteer Coordinator
CMRR

eehiv · **Joined:** Tue Feb 28, 2006 8:54 pm **Posts:** 1336

The City of Kingston late Monday removed the dump truck placed on the tracks last Friday west of Washington Avenue.

http://www.watershedpost.com/2013/train ... road-track

http://www.dailyfreeman.com/articles/20 ... 056205.txt

EH

Jack Powell · **Joined:** Wed Jan 11, 2006 6:12 pm **Posts:** 113

Hmmm. Seems to be a rather ham-fisted attempt at public relations.

It would be interesting to hear the reaction of the state Supreme Court judge who issued the Temporary Restraining Order, upon the requisite showing of probable cause, to such comments by CMRR Chairman Jameson as "it is indeed madness to get a Temporary Restraining Order" and "the Temporary Restraining Order is clearly designed to intimidate the CMRR into leaving Kingston and stifling an open debate on rail vs. trail." The city's application for the TRO may well have been so designed, but the TRO itself is (as should be obvious) a court order. Characterizing a judge's order as "designed to intimidate" is perhaps not the wisest move.

Similarly, whether or not the mayor "committed a class D felony," as the CMRR's press release charges, is something only a court would be in a position to decide. Since the accompanying newspaper articles indicate that the local prosecutorial authorities are not going to be pursuing such a charge, CMRR's public proclamation that a crime was committed by the mayor also seems unwise, and perhaps libelous.

While there is a natural tendancy in forums such as this to immediately jump to the conclusion that trains operated by volunteers must be "good" and anyone opposing them is "bad," I had a conversation several days ago with two CMRR shareholders who painted a rather different picture. I learned about their repeated requests for financial reports going unheeded, and was told by these former volunteers that the CMRR is obligated under the terms of its lease from Ulster County, which owns the railroad, to restore one mile of track per year to operation. Given that the period of the lease has nearly expired while the operational track-miles remain scant, whether or not a lease (which is a contract) has been performed according to its terms may be expected to be factor in any decision by the landlord to offer renewal or not. What are the real facts here? Is the CMRR's current "race to the reservoir" a valiant effort to gain possession ahead of the dastardly trail supporters, or is it a deperate rush by CMRR to cure its own breach of contract?

I was also given an earful by the same disaffected shareholders/former volunteers about a lawsuit the CMRR brought against Ulster County several years ago, which puts into a different light Chairman Jameson's negative characterization of the present "resorting to legal action." When I asked about the absence of any discussion of all of these issues in online postings concerning the current situation, reference was made to a "gag order" which current volunteers are allegedly required to sign.

Finally, because Ulster County owns the railroad property and the City of Kingston plainly holds many of the cards in this game, public statements by CMRR such as "because we make no political contributions to any politician in Kingston or Ulster County, and focus on our job, bringing visitors to Ulster County and Kingston to spend their dollars here, this is the reward we get" and "Ulster County seems to be an outpost of Russia instead of a part of the United States of America" suggest a more fundamental breakdown than a mayor's misplaced dumptruck. Be careful, CMRR. The redneck/teabag crowd is not the constituancy you need to win over.

East of Eden · **Joined:** Thu Jan 26, 2012 2:04 pm **Posts:** 68

As I said in the other thread pertaining to this topic, the back story is always interesting.

It also might be where some form of the truth is, for CMRR, Kingston, and Ulster County.

LVRR2095 · **Posted:** Tue Apr 30, 2013 8:49 am

I wonder what would have happened if the RR had just parked a train blocking the road crossing?

sbhunterca · **Joined:** Sun Aug 22, 2004 7:58 am **Posts:** 728

Quote:

I wonder what would have happened if the RR had just parked a train blocking the road crossing?

That would reflect badly on the railway by inconveniencing the very citizens whose support they need. Better to let the public see what a dolt their mayor is.

Besides, if he has dump trucks at his disposal, he probably has cutting torches too.

Best of luck, CMRR. When is the next municipal election?

Steve Hunter

Rick Rowlands · **Posted:** Tue Apr 30, 2013 11:19 pm

Wow! What an example of how not to write a press release! If that press release is indicative of how the CMRR communicates with the outside world, the mayors actions, dump truck and scant local support all come into focus.

CMRR is creating many of its own problems with abysmal PR!

That press release is actually quite interesting to me as our organization takes great pains to carefully draft our press releases to attract positive attention, and we are undergoing a branding process with a professional branding expert to adopt our new "public face". Image is everything, and I am quite certain that the railroad is bringing on some of its own problems by portraying itself as a bunch of amateurs.

eehiv · **Joined:** Tue Feb 28, 2006 8:54 pm **Posts:** 1336

Saturday, May 4th

Saturday we will have three crews working.

In Kingston, we will continue trackwork in the operating section getting the track ready for opening day. Crews will meet at Cornell Street at 8am. Projects include changing rails at Westbrook Station, finishing the guard rails at Pardini Bridge (C9), realigning the track at the bridge, and to insert ties as needed on the line.

In Mt. Tremper, with Longyear siding complete, George Peck will continue with other trackwork. They will meet at Longyear siding at 9am.

Al Johnson will again be working readying the 701 and 702 for service at Mt. Tremper Saturday starting around 10am. He could use help over the next few weeks to clean the coaches and install celestory windows and lettering on the 702.

Sunday, May 5th

In Kingston, crews will meet at Cornell Street at 9am to continue track repairs on the in-service section of the line in Kingston.

In Mt. Tremper, George Peck will meet at the Longyear siding starting at 10am to do trackwork.

Ernie Hunt
Volunteer Coordinator
CMRR

co614 · **Posted:** Thu May 02, 2013 7:00 am

I have written a polite letter to the Mayor in support of the CMRR and would urge you to take a few minutes to do so. I have emphasised the tourism value of the railroad and urged the Mayor to seek a way to encourage the continued progress of the enterprise.

Hopefully they'll find a way to work together.

The Mayor's email address is edifalco@kingston-ny-gov His name is Shane Gallo.

Ross Rowland

eehiv · **Joined:** Tue Feb 28, 2006 8:54 pm **Posts:** 1336

Thank you Mr. Rowland.

We definitely encourage this, as well as writing to our state senators (Seward and Tjackic), assemblymen (Cahill), senators (Schumer and Gillibrand) and Governor (Cuomo). Their addresses are on our facebook page:

https://www.facebook.com/CatskillMountainRailroad

To get an idea of what dealing with the Mayor of Kingston is like, see this article:

Secret recording reveals Kingston Mayor Shayne Gallo in vulgar tirades, threatening violence against fired employee:

http://www.dailyfreeman.com/articles/20 ... 129527.txt

EH

railfan261 · **Joined:** Fri Apr 27, 2012 6:30 pm **Posts:** 226

I recently slammed Kingston's recent stunt in this blog post about illegally blocking rail lines:

http://www.tonyheld.hoboandbowser.net/you-cant-block-railroad-tracks-people/

eehiv · **Joined:** Tue Feb 28, 2006 8:54 pm **Posts:** 1336

Monday April 29th and Friday May 3rd

Steve Gollow did ditching work in Kingston west of Downs Street and Albany Avenue:

http://photos.greatrails.net/s/?p=208623

http://photos.greatrails.net/s/?p=208624

Saturday, May 4th.

On Saturday, in Mt. Tremper, George Peck, Dave Heick, John Prestopino and Neil Remsen tamped the line from Longyear siding to MP 23.3:

http://photos.greatrails.net/s/?p=208582

In Kingston on Saturday track crews continued work on the operating section,reaching Westbrook Lane with improvements. 15 ties were inserted on the tangent from the west end of the ball field to Westbrook Lane, 12 were spiked. Adjacent to the loading platform, two rails were changed out on the south side. Extensive grading was done on the south side of the track from the crossing east, eliminating years of sand and soil buildup from snow plowing. Crews releveled the Westbrook Lane Station which had been upset by a backed trailer, and stabilized the platform supports on the loading walkways. Work to rebuild the east approach of the Westbrook Lane crossing was begun. Working were; Earl Pardini, Al Schoessow, John Patane, Ron Epstein, Frank Libihoul, Steve Gollow, Bob Blake, George Bain, Alex Sorenson, and Mark Glaser.

http://photos.greatrails.net/s/?p=208581

http://photos.greatrails.net/s/?p=208622

Sunday, May 5th

On Sunday, George Peck and Neil Remsen did maintenance work on the equipment at Longyear's siding.

On Sunday, 25 ties were inserted west of Westbrook Lane, 6 were spiked. The changeout rails were aligned with the backhoe. Both the east and west approaches to Westbrook Lane were excavated and rebuilt. Sloughed areas on the high fill adjacent to Herzogs yard were built up and reshouldered to prevent scouring. Todays crew included; Earl Pardini, Al Schoessow, George Bain, Ed Winstanley, Jim Bruck, Alex Sorenson, Steve Gollow, John Watson, Raphael Demeglio , and Mark Glaser.

Monday, May 6th

In Kingston today,a track crew finshed spiking and tamping all ties that were inserted on Sunday west of the Westbrook Lane Crossing. Working today were Al Schoessow, Alex Sorenson and Mark Glaser.

Ernie Hunt
Volunteer Coordinator
CMRR

eehiv · **Joined:** Tue Feb 28, 2006 8:54 pm **Posts:** 1336

Saturday, May 11th

On Saturday, the CMRR will hold its annual rules class at 9am at the Phoenicia station.

George Peck will be doing track work starting at 9am at Longyear siding.

Al Johnson will be working on coach 701 and 702 starting at 10am.

Sunday, May 12th

George Peck will be doing trackwork at Longyear siding starting at 10am.

Mark Glaser will lead a crew in Kingston starting at Cornell Street at 9am.

Monday, May 13th

Mark Glaser will lead a track crew in Kingston starting at Cornell Street at 9am.

Ernie Hunt
Volunteer Coordinator
CMRR