by Kieron Kramer
The New Lebanon Town Board passed some significant resolutions at the Monday, April 13, regular Town Board Meeting while sidestepping some other issues. The Town moved forward with its plans to revitalize the central business district when the Board voted unanimously, after a public hearing, to apply for a Restore NY grant for $630,000 to renovate the Mid Town Mall. The Town Hall project also moved to the next stage when the Board voted unanimously to authorize the Town Attorney, Jason Shaw, to begin negotiations with Ceramtek for its property on Route 20 and the 70,000 sq. ft. building on it that could be used for multiple municipal purposes. The Board also awarded two contracts for the demolition of the assembly room of the current Town Hall on Route 22 in Lebanon Springs. On the other hand the Board would not commit to taking over Covenant Circle as a Town Road nor did it deal with the adoption of a new ethics code or the resolution of an ethics complaint both of which were put off last month to be dealt with at this meeting.
Mid Town Mall
A great deal of enthusiasm and support for the renovation of the Mid Town Mall was evident during the Public Hearing that preceded the regular meeting. Eight people spoke at the Hearing, all very much in favor of the project. Jack Urich, John Dax, David Katzenstein and Trina Porte, all members of the Comprehensive Plan Rewrite Committee, spoke. Urich said that Lori Bashour, owner of the Mid Town Mall, was “the kind of investor we hoped to get.” He said that her project “meets all the aspects of the Comprehensive Plan – economic development, housing and community appearance.” John Dax, who is also President of the New Lebanon Library Board which decided to stay at its location hoping to revitalize the commercial center, said the Library Board is “excited” to see this project. Katzenstein said, “This is nothing but positive… it’s going to be great for the Town.” Trina Porte, a member of the Planning Board, said that she had communicated with Tim Gordon, NYS Assemblyman for the 108th District who will apply for stimulus money to cover the Town’s 10% share of the Restore NY grant. Board Member Monte Wasch said that the money already spent on the sidewalk project or the tree planting project would also be accepted for the Town’s share. Silke and Winfried Fuchshofen, who own a consulting company, Organic Insights, which rents office space in the Mall now, said they may want more space if the renovations are done. “It needs to be made more appealing; it is not an inviting place now,” Mrs Fuchshofen said. This sentiment was echoed in a letter from J. Carter who also rents business space in the Mall. Nancy and Bob Wolf, she is Head of Darrow School and a member of the Lebanon Valley Business Association, strongly supported the project. A more attractive New Lebanon center would benefit the school, Nancy Wolf said.
For her part, Lori Bashour said that she was “extremely grateful for the values and ideals of the community. We spent all of our investment money on upgrading the septic system which can accommodate future housing,” she said. Her partner, Adele Lee said, “Our ideas are in line with the Town Comprehensive Plan – to beautify the corridor while retaining the Shaker culture. Five letters of support from Town institutions, businesses and citizens, with more on the way, reportedly, were also received by the Board. Bashour and Lee will pay for any expenses the Town will accrue during this project.
During the regular meeting the Board voted to submit the application, pay the $250 application fee and set up an escrow account into which Bashour and Lee will deposit funds to reimburse the Town for expenses, starting with the application fee. Let’s hope the grant is awarded.
Town Hall Demolition Contracts
Board Member Bruce Baldwin presented to the Board a complicated and comprehensive analysis of the bids submitted for the demolition of the condemned assembly room at the Town Hall. He said that the Board had “miscommunicated” the request for bids but that he had “talked” to most of the interested parties. He described the bid from Carmen Barbato, Inc. of Hillsdale which would cover the whole job, but he recommended D&J Excavating of Stephentown. D&J has done work with New Lebanon before and has a good relationship with the Town, Baldwin said. D&J would demolish the structure and remove the concrete and put it on Town owned property, an old gravel pit on West Hill Road, for $11,000. Craig Trombley would separate the assembly hall from the main building and then close the building to the weather and replace the siding for $1,750. The siding from the assembly hall will be saved for this purpose. This work will include some electrical work as well. The job should take about two days, Baldwin said. The Board unanimously passed a resolution authorizing a contract with D&J not to exceed $11,000 and one with Trombley not to exceed $1,800.
Town Balks At Taking Over Covenant Circle Road
Several residents who live in the Covenant Circle development urged the Town Board to take over the private road they live on. There are 21 homes on the road and 35 lots total. Craig Trombley has just finished a project on the road laying down $13,000 worth of gravel, rolling it and grading it. “It’s time for the Town to take over the road,” he said. According to Trombley, the road was put in 13 or 14 years ago. Town Supervisor Meg Robertson thinks it was put in several years later. Trombley and Matt Murnane say the road was designed by the Town and meets all specifications for a Town road. “It is 6 rods wide, has a fabric underlayment, drainage, the proper grade and guard rails,” Trombley said.
Highway Superintendent Jeff Winestock said the road does not have the depth or quality of gravel to make it acceptable. And it needs new fabric underlayment. He maintains that as it is now it would take too much maintenance and be a drain on Town resources. “I have 50 miles of road in Town, and I don’t need another headache for the budget I have,” Winestock said.
The Murnanes, Amy Rebky and Trombley say they pay plenty in taxes and add on $500 per year to maintain the road. They believe the Town agreed to take over the road back when it was being put in; that’s why it was built to Town specifications. Supervisor Robertson said that unless there is an agreement in writing the Town is not obligated to take over the road. Board Member K.B. Chittenden offered to research the original subdivision application process to see if there was a written commitment by the Town. Baldwin said he would work with Chittenden and Winestock to research exactly what happened. “We’ll look at it more closely and perhaps find a resolution to the problem by October,” he said.
Ethics
Bill Brown asked if the resolution on the new ethics local law and if his ethics complaint were going to be acted on at this meeting. The answer was no. A Public Hearing was held last month on the Ethics Local Law, but the issue was tabled because there had been no input from the Board of Ethics. Baldwin said that the Ethics Board had not been notified of the need for their input for this meeting. He hopes the resolution will be acted upon at the next meeting. Meanwhile, Brown, who filed his complaint in December under the old rules, said that he feels he is in a “Catch-22.” He is not being informed of the findings in an executive session with the Board as contemplated under the old rules nor is he being informed directly by the Ethics Board of their findings as contemplated in the new rules. Board Member Allen Livermore said that it was his understanding that Brown will be informed by the Ethics Board once the new regulations are passed.
Other Business
The Board voted to authorize the first year’s payment in the amount of $11,103.30 for the new screening plant. The screening plant lease to own transaction was passed at the special Board meeting on March 30. The plant was purchased from Monroe Tractor, and the four year lease with financing will total $44,413.20. According to Baldwin the plant has already been delivered.
The Supervisor’s Report revealed that as of March 31 there is $1,365,852.34 in the multifund money market fund. Wasch suggested that some of that money be put into higher interest earning instruments. Robertson said that she was encouraging Kinderhook Bank to move into New Lebanon. Bank of America is the only bank in Town at present. Christine Cottom said that New Lebanon needs an affordable bank that supports the community. “Bank of America doesn’t care about this community,” she added.
The Board
ź approved a proposal from Phyllis Hulbert to maintain the West Lebanon Cemetery as she has done in the past. No mention of the amount paid for this service was made.
ź advised the Town Clerk to include important announcements in the minutes. They are posted on the web site.
ź heard from Kathy Murnane that the meals on wheels program is in good financial shape and that there is $5,000 left in the fuel assistance program which should be good for another year.
ź heard from Board Member Livermore that the Supervisor of Canaan communicated that Canaan will give consideration to the idea of Court consolidation with New Lebanon.
ź heard objections to court consolidation from Phyllis Hulbert and to consolidation in general from Tony Murad.
ź heard Robertson report on the County Board meeting.
ź agreed to rent the pavilion at a reduced price of $25 to the Mountain School for their fund raiser on June 6.
Bad Feelings
About halfway through the meeting the Board and Town Attorney Shaw withdrew from the meeting to discuss some issues in private. In an uncommon interpretation of the Open Meeting Law Shaw suggested that this was not an executive session but rather a meeting to “receive advice from counsel.” No topic was announced, and no executive session was actually called. Citizens, Board members and lawyers can find out more about the NYS Open Meeting Law on the NYS website www.dos.state.ny.us/coog/coogwww.html
Also at this meeting, a resolution “Establishing Rules and Regulations for Public Access to Records of the Town of New Lebanon” was passed. Shaw said that these regulations comply with the Open Government Law and the Freedom of Information Law (FOIL). He said it would provide a criterion to use to respond to FOIL requests and would replace the existing regulations. Some recent changes in FOIL reflect the increased dissemination of information electronically. These regulations will be posted on the Town website.
The “non-executive” session and the updated FOIL regulations give anything but the impression that New Lebanon is interested in transparent government. Why is the expectation that the public will have to FOIL public documents. Very few documents are so confidential that they can’t be FOILed successfully so why not just provide the public with the public documents that they want and have a right to.
If the Town Board seems a little defensive, there are reasons for it. There are some bad feelings that burst through the crust of civility like lava. At the end of Monday’s meeting, after Bill Brown suggested that he might FOIL the Town to get the findings of his ethics complaint, his father Rocky went into a diatribe about what has become his pet peeve, the paying of the recently hired, inexperienced Assistant Town Clerk during the two weeks that the Clerk’s Office was closed in March. Brown’s face turned red during this exchange. Diane Brown, who is a Deputy Court Clerk working mostly with Justice Poppey, circulated “a very simple breakdown of the cost of the Court Clerks.” Her figures show that the 2009 Town Budget pays more to the Court Clerks for fewer hours of work. Diane Brown’s exchange with the Board was very heated. The mistrust by the Browns of the Town Clerk, the Town Attorney and the Board was palpable. It prompted Phyllis Hulbert to say, “Listen to what’s happening in this room; we are functioning apart; we need to come together.”
The meeting lasted about three hours. Maybe milk and cookies halfway through is the answer.