Dan Tuczinski Is Appointed As New Lebanon Town Attorney
by David Flint
At their regular monthly meeting on Tuesday, February 9, the New Lebanon Town Board considered but tabled two resolutions having to do with climate change. They were brought to the Board by Bruce Shenker, the Town’s delegate to the Columbia County Environmental Management Council.
[private]The first resolution lays out the national and international evidence and recognition of climate change and the consequences if left unaddressed. The Town Board therefore urges County, State and Federal governments to take action by promoting and encouraging reduction of greenhouse gas emissions and development of renewable energy systems. In addition, the Town Board “stands ready to work with any level of government to achieve these goals that will in the process create safe, sustainable jobs and provide real, clean energy solutions for generations to come.”
The second proposed resolution pledges that the Town will be a “Climate Smart Community”, joining a network of some 170 New York communities. The pledge includes ten points including the inventory and reduction of greenhouse gas emissions and action to adapt to a changing climate.
Regarding the first resolution, Shenker said that it does not cost the Town anything nor is any specific action called for. It merely puts the Town on record supporting what Congressman Gibson has said, that we recognize climate change as a problem, it’s at least partially man-made and we should do what we can to lessen the impact.
Robyn Reynolds from Climate Action Associates LLC, a consultant to NYSERDA, said that the Climate Smart Community program is a state and local partnership administered by the DEC Office of Climate Change and co-sponsored by NYSERDA, the PSC and the NYS Departments of State, Transportation and Health. It is a support program for communities that want to mitigate climate change by reducing greenhouse gas emissions, increase use of renewable energy, adapt to a changing climate and lessen the impact of hazardous weather events. The resolution, she said, is non-binding. Towns can choose to act on it or not, as they will. There is no liability to the Town, only benefit. Funding of various projects is available, much of it through a competitive State grants program called Cleaner, Greener Communities. Towns in the Climate Smart Communities network would get preference.
Reynolds noted that there are currently six Climate Smart Communities in Columbia County: Chatham, Kinderhook, Valatie, Copake, Hillsdale and Ancram.
Town Supervisor Colleen Teal said she was very supportive of alternative energy systems but leery of outside regulatory restrictions and unintended consequences. She was concerned that the Town Board could do something here thinking it innocuous and find out later it’s not. She mentioned an earlier experience the Town had in which DEC apparently was more concerned with protecting beavers and fish than with residents losing their home or the Town losing its road.
Councilman Dan Evans said he thought all on the Board were in favor of pollution reduction and energy cost savings. He thought they could work on these two things on their own without trying to adopt resolutions on climate change about which people have differing opinions.
Councilman Mark Baumli noted that nothing in the Climate Smart Community actually says it is non-binding and there are no guaranteed benefits. He saw no benefit and felt it was not the Town Board’s place to make decisions for all residents as to what they are burning to heat their house.
Councilman Kevin Smith agreed that individuals can make their own environmental decisions and it’s not up to the Town Board to dictate. He moved that both resolutions be tabled to the next regular meeting in March.
The Board went along with Smith’s motion to table the resolutions but asked Reynolds to provide additional information on the possible benefits and resources of the Climate Smart Communities program. She agreed to do that.
Solar Array Exemptions
Somewhat related to all the above discussion, Teal reported on an application from a resident regarding a tax exemption on a parcel of land that was to be used for a large commercial solar array. State law provides for a 15-year real property tax exemption for solar and wind energy systems. The exemption applies to both residential and for-profit commercial installations. Teal said this particular application was withdrawn because the resident decided not to sell the land. However, she said this indicated the need for the Board to consider zoning issues for solar and what to do about these exemptions. Teal wanted the Zoning Re-Write Committee to continue to research the solar installations issue. Regarding the exemptions, she noted that State law allows municipalities to opt out of granting the exemption or, alternatively, to negotiate a payment in lieu of taxes (PILOT) for these installations. The PILOT, however, cannot exceed what the taxable value would have been. Teal said her recommendation would be to pass a Town law exempting New Lebanon from granting the tax exemption.
Natural Resources Inventory Grant
The Board approved an agreement between the Town and Hudsonia Ltd. for the preparation of a Natural Resources Conservation Plan that will “identify important resources in the town (and) establish goals, targets and priorities for conservation…” This work will be paid out of a $21,500 grant from the Hudson River Estuary Program secured by the Town’s Conservation Advisory Council. The CAC will provide volunteer services to help develop the plan. In addition, the Hawthorne Valley Farmscape Ecology Program, an organization that has done an exhaustive inventory of the Shaker Swamp, will be a subcontractor to Hudsonia on this project.
Town Attorney Appointed
At 6:30 pm prior to the regular meeting, the Board held a special meeting to interview applicants for the position of Town Attorney. In the regular meeting Supervisor Teal moved that the Board appoint Dan Tuczinski of the Albany law firm Tuczinski, Cavalier, & Gilchrist. Councilman Baumli seconded the motion. Councilman Smith voted in agreement but added an amendment that the appointment be on an interim basis with a performance review after two months. Dissenting votes were cast by Councilman Evans and by Councilman Chuck Geraldi.
Cemeteries
Sharon Moon sought permission to continue cleanup and restoration work at the Baldwin Cemetery on County Route 5. She said she had started work there last summer with Berkshire Farm and Williams College students. Find-A-Grave indicated 15 stones but Moon said they have so far located 65 stones, 15 of which are for Revolutionary War veterans. Moon believes the cemetery is Town property but that appeared to be uncertain. Teal said she would determine who actually owns the property and what would need to be done as far as insurance coverage is concerned.
Moon said there are some 40 cemeteries for which the Town is responsible. Many stones in these cemeteries have toppled. A class given by a professional gravestone restoration expert is available for a fee of $500. The expert would teach volunteers how to reset toppled stones among other things. Moon would like to have this course in New Lebanon. Teal agreed that was a good idea.
In response to question from the audience about the Town Historian position, a post that Moon has held in recent years, Teal said that the position has not yet been filled but the Board expects to make an appointment in March.
Bids Awarded
The following bids to provide goods and services were awarded
Joy Sherman will provide Bank Run Gravel picked up at $5.50 per cubic yard.
Colarusso & Son will provide all other road materials including screened sand, screened fill, washed stone and gabon stone.
Both Peckham Industries and the Gorman Group will provide calcium chloride, Peckham at 90.4 cents a gallon and Gorman at 92 cents.
Main Care will provide low sulfur heating fuel at $1.29/gallon, low sulfur diesel fuel at $1.40/gallon and kerosene at $1.83/gallon.
Two bids were received to purchase three surplussed flat files, each with 5 drawers. The Lebanon Valley Historical Society offered $105 for one set. Michael Gilbert wanted two sets for $110 each. The Board voted to accept both bids.
Farmers Market May Move
Cynthia Creech reported that the Farmers Market is considering moving its location from Windswept Farm to Shatford Park. They would like to know if the Town Board would be agreeable to them using some of the grassy area along Route 22 for that purpose. The parking area and bathrooms would also be used. Kevin Smith was worried about liability and holes in the grass from tent poles but Teal said she would like to encourage this non-profit group. She thought the cost of an insurance rider could be paid by the Farmers Market but said she would look into the insurance issue.
County Board Of Supervisors Report
Teal reported that Charter Communications has applied for a merger with Time Warner and the stipulation from the NYS Public Service Commission is that internet access be expanded and improved. That stipulation covers nine towns, including New Lebanon, Berlin and Petersburgh in Rensselaer County. It is not known why Stephentown was left out, possibly because there has never been cable service in that town.
Teal said she has been looking for more information on the County’s debt situation. The County has been doing some restructuring and the financial situation is improving a bit. Divesting from the Pinehaven Nursing Home will help considerably, she said.
Teal added that the County Clerk has a climate controlled space for records that can be made available to the Towns. Teal said that moving New Lebanon’s microfilm records there will mean a savings of $500 to $600 a year that they would otherwise have to pay. [/private]