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February 16, 2023 Evening

Good evening! Clouds, damp and 47 degrees in Delmar, NY. ☁️ Calm wind. Mild tonight but cold later. Temperatures will drop below freezing at tomorrow around 5 pm. ☃️

It’s nice to be able to walk 🚶 for one more night without any more than a vest. Tomorrow though the heat will probably have to come for a few more days. Like so many days that threaten to rain, turned out to be just a few showers.

Tonight will have showers likely, mainly after 5am. Cloudy 🌧, with a low of 46 degrees at 12am. 28 degrees above normal, which is similar to a typical night around May 8th. Light and variable wind becoming south 5 to 10 mph after midnight. Chance of precipitation is 60%. New precipitation amounts of less than a tenth of an inch possible. In 2022, we had mostly clear skies in the evening, which became mostly clear by the early hours of the morning. It got down to 13 degrees. The record low of -16 occurred back in 1973.

Another busy day came and went at work. 🏢 But it made the time go by quickly. I’m doing good at eating up all the fruit and vegetables I bought on Sunday. 🍏 I swear I’ve noticed some small changes since I’ve started my calorie reduction program. I’m just not nearly as hungry when I always have an apple or orange in my mouth. And I’ve done good with the steps every day.

Tonight will have a Waining Crescent 🌘 Moon with 14% illuminated. The Worm 🐛 Moon is on Saturday, March 4. The darkest hour is at 12:10 am, followed by dawn at 6:23 am, and sun starting to rise at 6:52 am in the east-southeast (106°) and last for 3 minutes and 1 seconds. Sunrise is one minute and 24 seconds earlier than yesterday. 🌄 The golden hour ends at 7:32 am with sun in the east-southeast (113°). Tonight will have 13 hours and 18 minutes of darkness, a decrease of 2 minutes and 43 seconds over last night.

Did some cleaning this evening 🧹around the apartment after making macaroni and cheese 🧀 with a ton of veggies and real cheese, eat only one bowl and froze the rest for future meals. Getting milk 🥛 for the first time in over a week, a big drop from drinking two gallons a week. I also am skipping apple juice, the bottle I have left I bought in January. I’m spending less on groceries even if I am buying more and more fruits and vegetables which haven’t been impacted by inflation nearly as much.

Tomorrow will rain showers before 4pm, then a chance of rain and snow showers. 🌧️ Temperature rising to near 52 by 9am, then falling to around 33 during the remainder of the day. South wind 10 to 18 mph becoming northwest in the afternoon. Chance of precipitation is 90%. Little or no snow accumulation expected. A year ago, we had mist. The high last year was 24 degrees. The record high of 60 was set in 1981. 11.9 inches of snow fell back in 2003.❄

In four weeks on March 16 the sun will be setting in the west (269°) at 7:03 pm (Daylight Savings Time),🌄 which is one hour, 34 minutes and 21 seconds later then tonight. In 2021 on that day, we had cold, mostly cloudy and temperatures between 33 and 13 degrees. Typically, you have temperatures between 45 and 26 degrees. The record high of 82 degrees was set back in 1990.

Looking ahead, Read Across America Day 📚 is in two weeks, Average High is 60 🌷 is in 2 months, Arbor Day 🌳 is in 10 weeks, 8:30 PM Dusk 🌆 is in 11 weeks, 8 PM Sunset 🌇 is in 11 weeks, 9 PM Dusk 🌆 is in 15 weeks, June 🍹 is in 15 weeks, 8:30 PM Sunset 🌇 is in 16 weeks, Last Sunset After 8:30 PM 🌆 is in 5 months, Ugly Truck Day 🚚 is in 22 weeks, Campfire Day 🔥 is in 24 weeks, Columbus Day 🛥️ is in 34 weeks, Average High is 60 🍂 is in 35 weeks, Thanksgiving 🦃 is in 40 weeks, Tea Party Day 🐍 is in 10 months, First Day of Winter ☃️ is in 44 weeks and 4:30 PM Sunset 🌆 is in 45 weeks.

How Much Recreational Development is Allowed in the Forest Preserve?

Most people probably agree it’s not the intent of the original drafters of the state consitution to allow totally unbridled development in the forest preserve. Article XIV Section 1 of the State Constitution states:

The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. [… exceptions removed]

It’s pretty clear that on Forest Preserve lands that the following is totally inappropriate:

Commerical facilities, such as shopping or amusements.
Government facilities that are not primarily rustic in character (i.e. wooden administrative cabins and barns that lack plumbing and electricity)
Highly developed recreation facilities, such as large metal or concrete luge tracks, ski slopes
Asphalt roads, and those roads designed for movement of vehicles not exclusively for the forest preserve use, or for speeds greater then 25 MPH.

Controlling Principles Of Recreation in the Forest Preserve.

I think most people can agree forest Preserve must have an essentially wild character. Indeed, that is what the Court of Appeals upheld in Association for Protection of Adirondacks v MacDonald (253 N.Y. 234, affg 228 App Div 73, 1930), as I shared earlier this week. If you missed this earlier in the week, this case’s essence is cited in Balsam Anglers Club v. DEC (153 Misc. 2d 606, 1991).

Respondents adopted the UMP in furtherance of the Catskill Park State Land Master Plan, which was adopted in order to provide classifications and guidelines for the uniform protection and management of State-owned lands within the Catskill Forest Preserve. Under the UMP, respondents intend to construct a number of small parking areas providing access to trails and primitive campsites, to relocate certain trails to avoid private lands and to construct new trails within the Balsam Lake Mountain Wild Forest area. Since respondents must necessarily cut a certain number of seedlings, saplings and trees to complete such projects, petitioner contends that the UMP is in violation of article XIV, § 1 of the New York State Constitution. p>The Constitution provides, “[t]he lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed, or destroyed.” Petitioner contends that the cutting of as many as 2,000 “trees”, most of which are less than three inches diameter at breast height, constitutes the removal or destruction of timber.

This specific constitutional issue has rarely been litigated. The Court of Appeals and the Appellate Division in Association for Protection of Adirondacks v MacDonald (253 N.Y. 234, affg 228 App Div 73) addressed legislation authorizing the construction of a bobsled run within the Adirondack Forest Preserve for the 1932 Winter Olympics.

The Appellate Division addressed the legislative history of the New York State Constitution and found an intent to prevent any actions “which might convert this preserve into anything but a wilderness” (228 App Div, at 79). However, the Appellate Division found that the framers of the New York State Constitution obviously distinguished between “timber” and any form of tree or wood. They quoted the framers as stating, “[a]ny campers that cannot pick up something on the shores, that will not be timber, to warm themselves with, would better either carry in their fuel or stay out” (supra, at 78). (emphasis added)

The Appellate Division also discussed the 1915 Constitutional Convention which sought to change the wording of the New York State Constitution to “trees and timber” (supra, at 79). Thereafter, the Appellate Division found that the project involved “the cutting of 2,600 trees which must unquestionably be regarded as of `timber’ size” (supra, at 82).

Based upon an 609*609 agreed statement of facts, all 2,600 trees were in excess of 3 inches diameter at breast height, 480 trees were in excess of 8 inches and 33 trees were in excess of 20 inches. The project involved total clearing of between 4 and 5 acres, some of which constituted first growth hardwoods and involved the removal of some 60,000 board feet of timber. The Appellate Division held the legislation unconstitutional based both upon the substantial destruction of timber and the nature of the proposed project.

The citation of Helms v. Reid, 90 Misc. 2d 583 gives further incite into the Assocation for the Protection of Adirondacks vs McDonald case:

The major case interpreting the “forever wild” clause is Association for Protection of Adirondacks v MacDonald (228 App Div 73, supra). The question before that court was whether a statute passed by the Legislature providing for the construction of a bobsled run on forest preserve land and the necessary cutting of some 2,600 trees was violative of section 7 of article VII of the Constitution (presently art XIV, § 1). The Appellate Division had carefully traced the adoption of the forest preserve language and then made a careful inspection of the record from the 1894 Constitutional Convention where the “forever wild” clause language was adopted as a proposed amendment to the Constitution. The Appellate Divison concluded that the constitutional mandate was clear and in declaring the statute unconstitutional stated at page 81: “Giving to the phrase `forever kept as wild forest lands’ the significance which the term `wild forest’ bears, we must conclude that the idea intended was a health resort and playground with the attributes of a wild forest park as distinguished from other parks so common to our civilization. We must preserve it in its wild nature, its trees, its rocks, its streams. It was to be a great resort for the free use of all the people, but it was made a wild resort in which nature is given free rein. Its uses for health and pleasure must not be inconsistent 595*595 with its preservation as forest lands in a wild state. It must always retain the character of a wilderness. Hunting, fishing, tramping, mountain climbing, snowshoeing, skiing or skating find ideal setting in nature’s wilderness. It is essentially a quiet and healthful retreat from the turmoils and artificialities of a busy urban life. Breathing its pure air is invigorating to the sick. No artificial setting is required for any of these purposes. Sports which require a setting that is man-made are unmistakeably inconsistent with the preservation of these forest lands in the wild and natural state in which Providence has developed them.”

What About Developing More Modest Recreation Facilities in Forest Preserve?

Certainly building a bob sled run would have been a massive project with visible impacts on the mountain vistas where the timber was removed, the steel infrastructure of the bob sled run, and the general changes the wild forest character. But what about more minor projects, e.g.

Scenic Vista Cut Along Trails
Primative tent campsites, along lakes, streams, or in the woods.
Roadside campsites with vehicular access.
State Campgrounds with Flush Toilets and Showers.
Horse stalls and horse barns.
Construction of hiking trails that require the cutting of brush or a de minis amount of timber.
Construction of snowmobile trails that potentially could involve cutting a larger amount of timber.
Horse trails that require the cutting of brush or a de minis amount of timber.

The Case Law on Recreational Facilities in the Forest Preserve.

We learn in Helms v. Reid, 90 Misc. 2d 583 some of debates surrounding adoption of Article XIV Section 1 of the State Consitution, and how the Consitutional Convention of 1894 intended not to prohibit “all things necessary” to provide public access and not damage the forst preserve.

The Court of Appeals decision in MacDonald is of great importance and must necessarily be the guiding light in the analysis of the “forever wild” clause which this court must follow in rendering its opinion. At page 238 Judge CRANE states: “The words of the Constitution, like those of any other law, must receive a reasonable interpretation, considering the purpose and the object in view. (State of Ohio ex rel Popovici v. Agler, 280 U. S. 379.) Words are but symbols indicating ideas and are subject to contraction and expansion to meet the idea sought to be expressed; they register frequently according to association, or like the thermometer, by the atmosphere surrounding them. The purpose of the constitutional provision, as indicated by the debates in the Convention of 1894, was to prevent the cutting or destruction of the timber or the sale thereof, as had theretofore been permitted by legislation, to the injury and ruin of the Forest Preserve. To accomplish the end in view, it was thought necessary to close all gaps and openings in the law, and to prohibit any cutting or any removal of the trees and timber to a substantial extent.”

This language sets forth that the purpose of the “forever wild” clause was to prevent the commercial exploitation of the forest preserve which had previously been sanctioned by the Legislature, and it appears to be the court’s feeling that some cutting is permissible as long as it is not a substantial amount. Continuing on page 238: “The Adirondack Park was to be preserved, not destroyed. Therefore, all things necessary were permitted, such as measures to prevent forest fires, the repairs to roads and proper inspection, or the erection and maintenance of proper facilities for the use by the public which did not call for the removal of the timber to any material degree.”

This language indicates the court’s recognition of the fact that even though the Constitution was intended to protect and preserve our natural forest lands, such protection does not prohibit use and enjoyment of the areas by the people of the State. Such a principle is based upon the theory that the forest preserve was for the use and benefit of the people and was not to be an isolated area in which no man would wander. (People v Adirondack Ry. Co., 160 N.Y. 225, affd 176 US 335). (emphasis added)

While the Court never ruled on these matters in Helms, plantiff Herbert R. Helms cited that the State Conservation Department, made major changes and “man-made improvements” to the Adirondack Forest Preserve, over the past 50 years, many of them of questionable consitutional virtue under McDonald, abit never challenged in court.

The first cause of action in the complaint sets forth the “forever wild” clause and then lists various uses undertaken within the forest preserve in the past and present by the New York State Department of Environmental Conservation (ENCON), which the plaintiffs contend destroy the wild forest nature of the preserve because they all entail cutting significant amounts of timber and over use of the forest preserve area. The purported misuses are as follows: construction of 42 or more public campsites; dirt access roads to these campsites, along with various outbuildings, facilities, boat launchings, sewage disposal systems and the maintenance thereof; construction of hundreds of lean-tos, trails, jeep trails, fire roads 587*587 and paved roads other than those specifically authorized by the Constitution; construction and maintenance of ranger stations, fire watch towers, telephone and electrical transmission lines, as well as other utility lines; construction of boat launchings, parking lots and tent platforms; overuse and misuse of backwoods causing unreasonable widening of trails, littering and defoliation of areas, and finally allowing private individuals to adversely possess forest preserve lands to the preclusion of other citizens.

Helms cites McDonald in saying limited development and recreation is allowed in the park, as long as it’s primarily primative in nature:

“What may be done in these forest lands to preserve them or to open them up for the use of the public, or what reasonable cutting or removal of timber may be necessitated in order to properly preserve the State Park, we are not at this time called upon to determine. What regulations may reasonably be made by the Commission for the use of the park by campers and those who seek recreation and health in the quiet and solitude of the north woods is not before us in this case. The Forest Preserve and the Adirondack Park within it are for the reasonable use and benefit of the public, as heretofore stated. A very considerable use may be made by campers and others without in any way interfering with this purpose of preserving them as wild forest lands. (See `The Problem of the Wilderness’ by Robert Marshall in `The Scientific Monthly’, Feb. 1930, p. 141.)”

Helms goes further to state:

If we assume that a constitutional amendment is not necessary for every use in the preserve which requires a cutting of timber, then we must apply our reasonableness standard to proposed uses. The question then becomes, who is to apply this standard?

It would appear that although the Constitution has deprived the Legislature of any power to authorize a cutting of timber in the forest preserve for commercial purposes, it has not deprived that body of its power with respect to public purposes. The MacDonald decision has allowed the Legislature the power to make reasonable regulations as to this public use and preservation, and such use and preservation must necessarily include some cutting of timber.

Since the Legislature still retains at least this limited authority, it may properly delegate this authority to the administrative agency best adapted to applying the principles heretofore enumerated. This is precisely what our Legislature has done by the creation of the Adirondack Park Agency. (emphasis added)

While ultimately Helms went on to decline an attempt to overturn float plane restrictions in newly designated “Wilderness” areas, first implemented by Governor Rockefeller’s Environmental Conservation Commissioner, Henry Diamond, it did include this important note:

In the discussion of the “forever wild” clause it was pointed out that the preserve was not to be closed to the public, but was to be held open for all of the public to enjoy in its natural wild state. Therefore, plaintiffs’ main theory is correct, and any regulation which arbitrarily restricts public access to or a reasonable public use of the lands in the preserve is violative of section 1 of article XIV.

The principle of limited development of the Adirondack and Catskill Forest Preserve, to enhance public access was upheld most recently in Balsam Lake Anglers Club v Department of Environmental Conservation (upheld on Appeal to 2nd Appelate Division). It states:

Respondents adopted the UMP in furtherance of the Catskill Park State Land Master Plan, which was adopted in order to provide classifications and guidelines for the uniform protection and management of State-owned lands within the Catskill Forest Preserve. Under the UMP, respondents intend to construct a number of small parking areas providing access to trails and primitive campsites, to relocate certain trails to avoid private lands and to construct new trails within the Balsam Lake Mountain Wild Forest area. Since respondents must necessarily cut a certain number of seedlings, saplings and trees to complete such projects, petitioner contends that the UMP is in violation of article XIV, § 1 of the New York State Constitution.

The Constitution provides, “[t]he lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed, or destroyed.” Petitioner contends that the cutting of as many as 2,000 “trees”, most of which are less than three inches diameter at breast height, constitutes the removal or destruction of timber.

This specific constitutional issue has rarely been litigated. The Court of Appeals and the Appellate Division in Association for Protection of Adirondacks v MacDonald (253 N.Y. 234, affg 228 App Div 73) addressed legislation authorizing the construction of a bobsled run within the Adirondack Forest Preserve for the 1932 Winter Olympics. The Appellate Division addressed the legislative history of the New York State Constitution and found an intent to prevent any actions “which might convert this preserve into anything but a wilderness” (228 App Div, at 79). However, the Appellate Division found that the framers of the New York State Constitution obviously distinguished between “timber” and any form of tree or wood. They quoted the framers as stating, “[a]ny campers that cannot pick up something on the shores, that will not be timber, to warm themselves with, would better either carry in their fuel or stay out” (supra, at 78). The Appellate Division also discussed the 1915 Constitutional Convention which sought to change the wording of the New York State Constitution to “trees and timber” (supra, at 79). Thereafter, the Appellate Division found that the project involved “the cutting of 2,600 trees which must unquestionably be regarded as of `timber’ size” (supra, at 82). Based upon an 609*609 agreed statement of facts, all 2,600 trees were in excess of 3 inches diameter at breast height, 480 trees were in excess of 8 inches and 33 trees were in excess of 20 inches. The project involved total clearing of between 4 and 5 acres, some of which constituted first growth hardwoods and involved the removal of some 60,000 board feet of timber. The Appellate Division held the legislation unconstitutional based both upon the substantial destruction of timber and the nature of the proposed project.

The Court of Appeals in affirming the Appellate Division determination rejected the absolutist argument that not even a single tree or even fallen timber or deadwood could be removed and stated that the constitutional provision must be interpreted reasonably. “[A]ll things necessary were permitted, such as measures to prevent forest fires, the repairs to roads and proper inspection, or the erection and maintenance of proper facilities for the use by the public which did not call for the removal of the timber to any material degree. The Forest Preserve is preserved for the public; its benefits are for the people of the State as a whole. Whatever the advantages may be of having wild forest lands preserved in their natural state, the advantages are for every one within the State and for the use of the people of the State. Unless prohibited by the constitutional provision, this use and preservation are subject to the reasonable regulations of the Legislature” (supra, 253 NY, at 238-239). It is thus clear that the Court of Appeals determined that insubstantial and immaterial cutting of timber-sized trees was constitutionally authorized in order to facilitate public use of the forest preserve so long as such use is consistent with wild forest lands.

With respect to the relocation of the Hardenberg Neversink Trail challenged herein, petitioner contends that the amount of cutting is of constitutional dimension. The relocated trail is in excess of two miles long and is approximately six feet wide. With the trail approximately 80% completed, 73 trees of timber size, that is three inches or more, have been cut, including one nine-inch tree and one six-inch tree which was dead. The remaining trees are three, four or five inches in diameter. It is estimated by the court that the entire cutting, including trees not of timber size, that is, less than three inches, amounts to little more than one cord of firewood. The great majority of such cutting will be completely decomposed within a few years leaving no trace of their existence but 610*610 providing increased growth opportunity for the remaining trees in the forest.

It is therefore determined the amount of vegetation, seedlings, saplings and timber-sized trees destroyed so far in the construction of the relocated Hardenberg Neversink Trail is not constitutionally prohibited, nor is the number of trees planned to be removed to complete such relocation. While the actual route for the Millbrook Ridge Trail has not been chosen and it is not known how many trees, saplings, seedlings and other vegetation must be destroyed, it may be presumed that the Department of Environmental Conservation, pursuant to its regulations concerning the construction of trails and the destruction of trees and timber, will comply with the provisions of the New York State Constitution. In the event that the Department of Environmental Conservation does not comply, petitioner could certainly challenge the specific trail route or construction techniques at an appropriate time.

Petitioner also contends that the construction of new trails in the Balsam Lake Mountain Wild Forest area violates that portion of the New York State Constitution which requires that forest preserve lands “be forever kept as wild forest lands”, arguing that new trails will increase human activity, thereby necessarily making such areas less wild. Based upon the decisions of the Appellate Division and Court of Appeals in Association for Protection of Adirondacks v MacDonald (supra), it appears that the framers of the New York State Constitution intended not to prevent or hinder public use of the forest, but to allow forested areas to revert to their natural or wild state without human interference with the natural succession of different types of trees, selective cutting or thinning to “improve” the timber, or the harvesting of any mature timber. There is no indication of any intent to maintain the forest in an “absolutely” wild state with no organized human alteration or intervention at all.

The Court of Appeals specifically held that facilities consistent with the nature of the forest preserve could be constructed for the use by the public, including camping and hiking. Such use facilitated by the construction of new trails or increasing parking and camping areas will almost certainly degrade the pristine quality of certain areas of the forest preserve. While it may be desirable to initiate a policy to refrain from actions which will have the effect of increasing human activity, such issues are not of constitutional dimension unless significant cutting of timber is involved. Accordingly, it is declared that the Unit Management Plan adopted for the Balsam Lake Mountain Wild Forest area does not violate the provisions of article XIV of the New York State Constitution.

What is the Standard Held This Cases?

Over the years, the courts have created a certain principles on recreation facilities in Adirondacks. Distilled down, one can probably agree that courts in NY State hold:

Any project to be constructed in forest preserve must cut as few trees as possible, particularly of timber-grade trees, those larger then 3″ in diameter. Any project requiring significant timber cuts are unconstitutional.
There is a clear preference towards development of facilities in natural meadows and brushy areas, locating paths, trails, and roads on existing old woods road rather then cutting new roadways or trails through the woods.
Limited timber cutting is allowed for essentially wild forest purposes, such as campsites and trail location. It must be as limited as practical.
Any developed facilities must be rustic in nature (wood, painted brown), and must exist solely to complement forest preserve uses such as primative camping, hiking, hunting and fishing.
Intensive use areas are allowed, such as developed state campgrounds or firetowers, but they can not change the forest character or require the excessive removal of timber.

… the courts have sought a balance between recreational demands and keeping the primarily wild nature of forests wild.

February 9, 2023 Evening

Good evening! Cloudy and 41 degrees in Delmar for the evening walk. ☁️ Breezy, ️16 mph breeze from the south-southeast 🌬 with gusts up to 30 mph 💨💨💨. There is a inch of snow on the ground. ☃ ️Temperatures will drop below freezing at Saturday around 1 am. ☃️

Kind of chilly this evening with the wind 🌬️ but I’m out walking because that’s what I do in the evening. One of my eyes 👀 is a bit irritated and I’m tired 😴 as I didn’t sleep well last night as I was a bit bothered by the news of Ward Stone’s passing. The high cost of politics. I think it’s better to focus on making money 💵 and looking the other way as your community is going to shit.

Tonight will rain likely before 10pm, then a chance of showers after 3am. Mostly cloudy 🌧, with a low of 42 degrees at 6pm. 26 degrees above normal, which is similar to a typical night around April 27th. South wind 11 to 16 mph, with gusts as high as 30 mph. Chance of precipitation is 60%. New precipitation amounts of less than a tenth of an inch possible. In 2022, we had mostly clear skies in the evening, which became cloudy by the early hours of the morning. It got down to 12 degrees. The record low of -21 occurred back in 1948.

Somebody brought in doughnuts 🍩 to work today and I walked right on by. Sugar is ducking poison ☠ I told myself and walked on by. I don’t need the free food, I’m not starving. Having that bowl of oranges, apples and bananas in my office really helps. 🍊🍎🍌 I eat a couple throughout the day whenever I’m hungry and I have a lot more energy. And if turns out it’s actually cheaper than eating bigger meals. 🍴 Pasta, frozen chicken, sauce seems cheap – if you buy in bulk but it’s not if you end up eating a ton of it, ignoring the health impacts. But if you’re eating fruits and vegetables all day long 🥦 you feel far less hungry. 🤰🏼

Tonight will have a Waining Gibbous 🌖 Moon with 84% illuminated. The moon will rise at 9:21 pm. The Snow ❄ Moon is on Saturday, February 25. The darkest hour is at 12:10 am, followed by dawn at 6:32 am, and sun starting to rise at 7:02 am in the east-southeast (110°) and last for 3 minutes and 4 seconds. Sunrise is one minute and 15 seconds earlier than yesterday. 🌄 The golden hour ends at 7:42 am with sun in the east-southeast (117°). Tonight will have 13 hours and 36 minutes of darkness, a decrease of 2 minutes and 35 seconds over last night.

Today I found they are extending the 519 bus to Voorheesville. 🚍 Kind of happy 😊 about being able to catch the express in front of my apartment as it makes for an easier commute on session days or bad weather when I don’t want to necessarily walk down to the express.

Tomorrow will be partly sunny 🌞, with a high of 48 degrees at 10am. 13 degrees above normal, which is similar to a typical day around March 22nd. Breezy, with a west wind 16 to 20 mph, with gusts as high as 34 mph. A year ago, we had snow in the morning, which became snow by afternoon. The high last year was 25 degrees. The record high of 53 was set in 1955. 4.0 inches of snow fell back in 1892.❄

Saturday I’m thinking of sanding and painting that rust spot on my passenger door of my truck. Figure arrest the rust the best I can while I still can. 🛻🖌️ And maybe do an early morning walk 🚶 down to Norman’s Kills Falls.

In four weeks on March 9 the sun will be setting in the west (265°) at 5:55 pm,🌄 which is 35 minutes and 12 seconds later then tonight. In 2021 on that day, we had mostly sunny and temperatures between 50 and 27 degrees. Typically, you have temperatures between 43 and 24 degrees. The record high of 81 degrees was set back in 2016.

Looking ahead, Read Across America Day 📚 is in 3 weeks, 7:30 PM Sunset 🌇 is in 2 months, Arbor Day 🌳 is in 11 weeks, 8:30 PM Dusk 🌆 is in 12 weeks, 8 PM Sunset 🌇 is in 12 weeks, 9 PM Dusk 🌆 is in 16 weeks, June 🍹 is in 16 weeks, 8:30 PM Sunset 🌇 is in 17 weeks, Ugly Truck Day 🚚 is in 23 weeks, Campfire Day 🔥 is in 25 weeks, Columbus Day 🛥️ is in 35 weeks, Average High is 60 🍂 is in 36 weeks, Thanksgiving 🦃 is in 41 weeks, Average High is 40 🌨 is in 10 months, Earliest Sunset of the Year ⌛️ is in 10 months, First Day of Winter ☃️ is in 45 weeks and 4:30 PM Sunset 🌆 is in 46 weeks.

February 9, 2023 Morning

Good morning! Firery red skies to the south east and 22 degrees for the morning walk. 🌅 Calm wind for now. ️Things will start to thaw out at around 8 am. 🌡️Then more rain. That should kill off most of the remaining snow.

Skies are certainly colorful for the morning walk 🚶 but it’s a sure sign of the coming clouds and rain. I will try to get as many steps as possible in before the rain, probably walking the Concourse and museum at lunch time so I have my ten k in without having to walk in the rain ☔.

Out walking by 6:30 which is good 🥞 though it’s still to dark to walk before breakfast at six but maybe next week. I generally like walking earlier in the morning when it’s quieter out. Also if I walk first then I feel like time is less compressed in the morning. 🗜

Today will rain, mainly after 11am. 🌧 High of 42 degrees at 4pm. Seven degrees above normal, which is similar to a typical day around March 6th. Light south wind increasing to 12 to 17 mph in the morning. Winds could gust as high as 30 mph. Chance of precipitation is 80%. New precipitation amounts between a tenth and quarter of an inch possible. I’m old enough to remember when it snowed in the winter but not this year. A year ago, we had snow in the morning, which became snow by afternoon. The high last year was 24 degrees. The record high of 57 was set in 1925. 13.7 inches of snow fell back in 1906.❄

Solar noon 🌞 is at 12:10 pm with sun having an altitude of 32.7° from the due south horizon (-38.2° vs. 6/21). A six foot person will cast a 9.4 foot shadow today compared to 2.2 feet on the first day of summer. The golden hour 🏅 starts at 4:39 pm with the sun in the west-southwest (244°). 📸

The sunset is in the west-southwest (251°) with the sun dropping below the horizon at 5:19 pm after setting for 3 minutes and 4 seconds with dusk around 5:48 pm, which is one minute and 18 seconds later than yesterday. 🌇 The best time to look at the stars is after 6:22 pm. At sunset, look for rain 🌧 and temperatures around 42 degrees. Breezy, 17 mph breeze ⛅ from the south-southeast with gusts up to 30mph. Tomorrow will have 10 hours and 24 minutes of daytime, an increase of 2 minutes and 36 seconds over today.

Tonight will rain likely before midnight, then a chance of showers, mainly between midnight and 5am. Mostly cloudy 🌧, with a low of 42 degrees at 6pm. 26 degrees above normal, which is similar to a typical night around April 27th. South wind 10 to 17 mph, with gusts as high as 31 mph. Chance of precipitation is 70%. New precipitation amounts of less than a tenth of an inch possible. In 2022, we had mostly clear skies in the evening, which became cloudy by the early hours of the morning. It got down to 12 degrees. The record low of -21 occurred back in 1948.

A picture perfect weekend on tap. 😎 Saturday, mostly sunny, with a high near 37. Northwest wind 10 to 18 mph, with gusts as high as 30 mph. Sunday, mostly sunny, with a high near 43. Typical average high for the weekend is 35 degrees.

Maybe a bit breezy but the sunshine ☀ should be nice. Still think this should be a stay at home weekend though I’m considering stopping by Indian Lader Farms 🍏 and doing some bird 🐦 watching at the marsh out in Voorheesville though with the muck boots 👢 on.

As previously noted, there are 3 weeks until Read Across America Day 📚 when the sun will be setting at 5:47 pm with dusk at 6:14 pm. On that day in 2022, we had cold, mostly sunny and temperatures between 24 and 9 degrees. Typically, the high temperature is 40 degrees. We hit a record high of 65 back in 1991.

February 5, 2023 Evening

Good evening! Can you believe another week has come and gone? I’m just glad we are done with the real cold for a while and I can turn down the heat and not freeze my butt off walking 🚶.

I find it hard to believe the first week of my forties has come and gone. 🎂 It was such an ordinary week, backgrounds and committee agendas, except for the carrot 🥕 cake they had for my birthday at the gang meeting. So sweet especially as I’ve cut almost all sugary substances out of my diet.

Mostly cloudy with filtered moon light and 38 degrees at the Delmar for the evening walk. ☁ There is a south breeze at 10 mph. 🍃. There are 2 inches of snow on the ground. ☃ ️Temperatures will drop below freezing around 5 am. ☃️

Today I walked 🚶 ten miles between my morning, evening walks and Bennett Hill and over two miles with my parents dog 🐶 and then Wally World. I got needles so I can fix the missing button on one of my dress shirts 🕴️and some more fruits and vegetables. I had plenty of pasta and juice 🥤 and stuff like that as I’ve really been cutting back with my calorie reduction program, splitting meals 🍴 into two and freezing to save money 💵 and improve health. Over 22,000 steps for the day. 👣

Tonight will be cloudy ☁, with a low of 31 degrees at 5am. 15 degrees above normal, which is similar to a typical night around March 30th. South wind 5 to 10 mph becoming light after midnight. Makes up for being so cold on Saturday. In 2022, we had cloudy skies in the evening, which became mostly clear by the early hours of the morning. It got down to 12 degrees. The record low of -20 occurred back in 1948.

Ended up buying 4 1/2 of bananas at Wally World. 🍌 I think I may have gone bananas. 🐒 But they were 53 cents a pound, which isn’t a good excuse for buying them, but I am trying to fit more healthy food into my diet, and bananas are a good snack, along with oranges, 🍊 which I brought into my office. Most of them were still green too, so they should be good all week. Started a compost container in the kitchen, as I don’t want to be dumping all those rhines in with kitchen burnables — they won’t burn well or at least I’ll want a hot fire 🔥 before the try to burn them. But I can probably take them out to my parents house for composting if I ask. I know I need to live out in the country and have hogs. 🐖

Watched a video about flossing your teeth better. 🦷 I have to admit I’ve not been good about flossing though I realize it’s not my fault as I doubt I was instructed as a child 🧒. While I don’t have soda or candy 🍬 at home and drink a lot of milk 🥛, I’m a bit horrified how many people I went to school with have teeth problems or missing teeth in their forties. Children of Appalachia really don’t get the dental care they need but that’s in a large part how shitty health care is in America. My teeth aren’t perfect – I resisted getting extra braces and skipped dentist visits for a decade after college 🎓 but they’re generally healthy bar some chips and that one filled cavity.

Been thinking about making an doctors appointment for a physical. 👨‍⚕️ While I think I am generally healthy, it’s been a long time since I’ve gotten a good check over. I haven’t had my blood pressure checked in a number of years, weighted or general check up. I guess the value is limited, but there is no cost for the yearly physical and maybe I will find a health issue early before it becomes a problem. In my forties, I’m trying to be healthier, so when I own my own land, I will be able to enjoy it. 🐷

Tonight will have a Full 🌝 Moon. Yeap, you can see it through the clouds. At 7 PM, the moon was in the east (80°) at an altitude of 19° from the horizon, some 251,652 miles away from where you are looking up from the earth. 🚀 At the state speed limit of 55 mph, you’ll make it there by August 15^th. Buckle up for safety! 💺

The darkest hour is at 12:10 am, followed by dawn at 6:37 am, and sun starting to rise at 7:06 am in the east-southeast (111°) and last for 3 minutes and 7 seconds. Sunrise is one minute and 9 seconds earlier than yesterday. 🌄 The golden hour ends at 7:47 am with sun in the east-southeast (118°). Tonight will have 13 hours and 47 minutes of darkness, a decrease of 2 minutes and 29 seconds over last night.

I gassed up Big Red and gave him a bath. 🚿 The car wash was only four bucks as somebody left time on the machine which gave me time to pressure wash the under carriage. More big hunks of rust fell off, I need to paint the door it again. Going to spray WD 40 on it for the mean time. I was very low on gas ⛽ as I hadn’t fueled up since before the Madison County trip so its not that big of deal but it was $85 in fuel. I know yikes, when I’m trying to cut expenses. 🤯 My next truck will be smaller I think. 🚚 If I had a farm and had to move cattle – maybe someday – I’ll want a big truck but right now it’s fun but excessively expensive to operate for the things I do. 🤠

Tomorrow will be mostly cloudy, then gradually becoming sunny ☁, with a high of 42 degrees at 10am. Eight degrees above normal, which is similar to a typical day around March 6th. North wind 5 to 13 mph. A year ago, we had light snow in the morning with some clearing in the afternoon. The high last year was 36 degrees. The record high of 55 was set in 1991. 10.8 inches of snow fell back in 1978.❄

In four weeks on March 5 the sun will be setting in the west (263°) at 5:50 pm,🌄 which is 35 minutes and 38 seconds later then tonight. In 2021 on that day, we had partly cloudy, snow showers and temperatures between 31 and 15 degrees. Typically, you have temperatures between 41 and 23 degrees. The record high of 71 degrees was set back in 1964.

Looking ahead, Daylight Savings Time 🌆 is in 5 weeks, Last Day of Winter 🏂 is in 6 weeks, 7:30 PM Sunset 🌇 is in 9 weeks, Average High is 60 🌷 is in 10 weeks, Cinco de Mayo 🤠 is in 3 months, 8 PM Sunset 🌇 is in 13 weeks, Mothers Day 👩‍ is in 14 weeks, 8:30 PM Sunset ️⛱️ is in 4 months, Fathers Day 👨 is in 18 weeks, Hottest Time of the Year 😅 is in 5 months, Dog Days of Summer 🌻 is in 5 months, Last Sunset After 8:30 PM 🌆 is in 23 weeks, Work Like a Dog Day 🐩 is in 6 months, 6:30 Sunrise 🌇 is in 31 weeks, Constitution Day 📜 is in 32 weeks, October 🎃 is in 34 weeks, Average High is 65 🍂 is in 35 weeks, Repeal of Prohibition Day 🍺 is in 10 months, 7:15 AM Sunrise ⌛️ is in 44 weeks and Christmas Eve 🎅 is in 46 weeks.

January 30, 2023 Morning

Good morning! Monday’s come back around again. We all knew it would happen but did we actually believe it on Friday? Mostly cloudy and 30 degrees in Delmar. ☁ There is a west-southwest breeze at 10 mph. 🍃. There are 3 inches of snow on the ground. ☃ ️Things will start to thaw out at around 10 am. 🌡️

Kind of a cold and damp morning. 🌅 Of course we can discuss the meaning of cold come the weekend when the first cold blast of the season really comes. Seems like in recent years the really cold weather happens after the Ground Hog 🐻 see his shadow.

Enjoy one more mild day. ☺ Today will have a slight chance of rain and snow showers between 1pm and 2pm, then a chance of rain showers. Mostly cloudy 🌧, with a high of 37 degrees at 2pm. Four degrees above normal, which is similar to a typical day around February 18th. West wind 5 to 10 mph becoming light and variable in the afternoon. Chance of precipitation is 30%. Little or no snow accumulation expected. A year ago, we had partly cloudy skies in the morning with sunny skies in the afternoon. The high last year was 17 degrees. The record high of 56 was set in 2013. 11.0 inches of snow fell back in 1966.❄

Back to work after turning forty. It’s the usual Monday routine. 🧑🏻‍💼I boiled my muzzles yesterday while unpacking my camping 🏕 gear and I’m doing the morning walk 🚶 after having biscuits and oranges 🍊for breakfast. My jacket still smells like the weekend that was 🔥 but will air out as the week goes on. Shower, iron put on my politicians suit and take the local downtown to my office 🏢 and water the plants. 🌱 Work, work, work 📄 and get paid Tuesday and invest two thirds of that towards a better tomorrow.

Solar noon 🌞 is at 12:09 pm with sun having an altitude of 29.7° from the due south horizon (-41.1° vs. 6/21). A six foot person will cast a 10.5 foot shadow today compared to 2.2 feet on the first day of summer. The golden hour 🏅 starts at 4:24 pm with the sun in the west-southwest (239°). 📸 The sunset is in the west-southwest (247°) with the sun dropping below the horizon at 5:06 pm after setting for 3 minutes and 10 seconds with dusk around 5:35 pm, which is one minute and 18 seconds later than yesterday. 🌇

At dusk you’ll see the Waxing Gibbous 🌔 Moon in the east-southeast (119°) at an altitude of 59° from the horizon, 245,505 miles away. 🚀 The best time to look at the stars is after 6:10 pm. At sunset, look for rain 🌧 and snow 🌨 and temperatures around 36 degrees. There will be a calm wind. Today will have 9 hours and 59 minutes of daytime, an increase of 2 minutes and 19 seconds over yesterday.

The three day weekend that I invented was nice though nothing that special for my birthday. 🎂 The skiing 🎿 was great especially on Friday and it was mild and sunny 🌞 for Saturday but Rennselearville is only 32 minutes from home so it’s not that much of a trip. But I had my fires 🔥 burned up all that paper and burnables, had a few drinks 🍻 and some nice meals. 🍴 Did a lot of skiing and a nice hike on Sunday though nothing extraordinary.

My phone service keeps dropping out in Delmar 📱 which has been annoying. 📶 Not sure what the problem is though I heard Verizon has had capacity issues lately. I know my cheap service gets the lowest priority and I live on the outskirts of town where service is a bit spotty but it’s been good over the decade and a half I’ve had it. 🤷‍♂️

Tonight will have a chance of rain and snow showers before 8pm, then a chance of snow showers between 8pm and 2am. Mostly cloudy 🌧, with a low of 24 degrees at 6am. Nine degrees above normal, which is similar to a typical night around March 8th. Northwest wind 5 to 8 mph. Chance of precipitation is 50%. New snow accumulation of less than one inch possible. In 2022, we had clear skies in the evening, which became mostly clear by the early hours of the morning. It got down to 7 degrees. The record low of -26 occurred back in 1948.

I don’t think today will be a good one to go to the car wash 🚿 but maybe tomorrow before it gets too cold out. Shopping 🛒 on Friday I tried to get everything I would need for the week but some things inevitably got left off the list 📃. I’ve misplaced my needles and need to pick some up to fix a shirt. 🪡 So maybe Tuesday after work.

Frigid weekend ahead. ❄ Saturday, sunny, with a high near 13. That’s cold. Sunday, a chance of snow showers. Mostly cloudy, with a high near 37. Chance of precipitation is 30%. Typical average high for the weekend is 34 degrees. I guess if I don’t want my pipes to freeze I’m going to have to turn the heat above 48 degrees feel like a husky on a hot summer day. 🐺 It’s been such a mild winter though no 70 degrees days like that year a few years ago.

Next Monday Save the Pine Bush Turns 45 🦋 when the sun will be setting at 5:16 pm with dusk at 5:44 pm. Makes me feel young. On that day in 2022, we had mostly sunny and temperatures between 36 and 12 degrees. Typically, the high temperature is 34 degrees. We hit a record high of 55 back in 1991.

January 26, 2023 Night

Good evening! Clouds ☁️ and 29 degrees for the evening walk 🚶. There is a west breeze at 10 mph. 🍃 with gusts up to 22 mph 💨💨💨. Zero chance of seeing that metroid that they are talking about unless it hits the earth with a big bang. There are 4 inches of snow on the ground. ☃ ️Things will start to thaw out at tomorrow around 11 am. 🌡️

Probably didn’t need to go for a walk 🚶 tonight but extra steps are good and I like walking. Helps pass the time and it’s healthy.

The big forty is what’s on my mind tonight. 🎂 I mean I know it’s just a number and most people eventually hit it but it’s not something you ever give much thought about when you are young. The day will come and go like all do, and what matters is what you make of it as one step towards the future 🔮 but it’s such a big number. Been doing a lot of reading about the meaning of turning forty and I guess the best thing about being in your forties is you don’t give a rats ass what others think about you not that I ever really did.

Tonight will have a slight chance of snow showers before midnight. Mostly cloudy 🌧, with a low of 26 degrees at 4am. 11 degrees above normal, which is similar to a typical night around March 15th. Maximum wind chill around 26 at 5am; West wind 5 to 10 mph becoming light after midnight. Winds could gust as high as 26 mph. Chance of precipitation is 20%. In 2022, we had light snow. It got down to 23 degrees. The record low of -23 occurred back in 1994.

I went to the library for the first time in several weeks 📚 mostly to use the internet, I didn’t get any books out. The library since the pandemic seems so much more crowded than the past. With my unlimited phone plan I mostly just use my phone 📱 but for coding purposes and data intensive things it’s best to go to the library. Plus cell service lately has been unreliable locally since the storm yesterday.

Tonight will have a Waxing Crescent 🌒 Moon with 32% illuminated. At 8 PM, the moon was in the west-southwest (244°) at an altitude of 30° from the horizon, some 234,343 miles away from where you are looking up from the earth. 🚀 Can’t see it through the clouds. At the state speed limit of 55 mph, you’ll make it there by July 23^rd. Buckle up for safety! 💺

The moon will set in the west (276°) at 10:56 pm. The Snow ❄ Moon is on Sunday, February 5. The darkest hour is at 12:09 am, followed by dawn at 6:46 am, and sun starting to rise at 7:16 am in the east-southeast (115°) and last for 3 minutes and 12 seconds. Sunrise is 51 seconds earlier than yesterday. 🌄 The golden hour ends at 7:59 am with sun in the east-southeast (123°). Tonight will have 14 hours and 10 minutes of darkness, a decrease of 2 minutes and 9 seconds over last night.

I filled up the water 💦 container and loaded up the propane tank to be filled after I go to the dentist and then I plan to head up to the woods to ski 🎿 and camp ⛺ on my final day of being in my thirties. I just sleep better and are happier in the woods. 🌲🌲 But first the evening walk 🚶. Also may need more coffee ☕ before I run out.

Tomorrow will have a slight chance of snow showers after noon, mixing with rain after 1pm. Mostly cloudy 🌞, with a high of 37 degrees at 2pm. Four degrees above normal, which is similar to a typical day around February 18th. Light southwest wind. Chance of precipitation is 20%. A year ago, we had cloudy skies in the morning, which became snow by afternoon. The high last year was 28 degrees. The record high of 62 was set in 1974. 9.3 inches of snow fell back in 1963.❄

In four weeks on February 23 the sun will be setting in the west-southwest (258°) at 5:38 pm,🌄 which is 36 minutes and 21 seconds later then tonight. In 2021 on that day, we had mostly cloudy, snow showers and temperatures between 38 and 28 degrees. Typically, you have temperatures between 38 and 20 degrees. The record high of 69 degrees was set back in 2017.

Looking ahead, Ground Hog Day 🐻 is Next Thursday, Average High is 35 ☀️ is in three weeks, Read Across America Day 📚 is in 5 weeks, Arbor Day 🌳 is in 13 weeks, 8:30 PM Dusk 🌆 is in 14 weeks, 8 PM Sunset 🌇 is in 14 weeks, 9 PM Dusk 🌆 is in 18 weeks, June 🍹 is in 18 weeks, 8:30 PM Sunset 🌇 is in 19 weeks, Ugly Truck Day 🚚 is in 25 weeks, Campfire Day 🔥 is in 27 weeks, National Dog Day 🐩 is in 7 months, Columbus Day 🛥️ is in 37 weeks, Average High is 60 🍂 is in 38 weeks, Thanksgiving 🦃 is in 43 weeks, First Day of Winter ☃️ is in 47 weeks, Boxing Day 🥊 is in 11 months and 4:30 PM Sunset 🌆 is in 48 weeks.

Andy Arthur.org

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