New Lebanon Town Board Adopts Revised Code Of Ethics

by David Flint
Following a public hearing Monday evening at which no comments from the public were forthcoming, the New Lebanon Town Board unanimously adopted Town Law #2 of 2009 which revises the Town’s Code of Ethics and operations of the Ethics Board. The law increases the number of members on the Ethics Board from three to five and provides for five-year terms instead of having them serving at the pleasure of the Town Board.
Under the old Code, any person filing a complaint with the Ethics Board was to be notified of the “disposition” of a complaint. The new law just states that such persons shall be notified of the receipt of the complaint within 30 days and whether or not the matter is under investigation. If the complaint comes under investigation, the complainant must also be notified that the investigation has been completed, again within 30 days of its completion.  Other changes in the law were mainly to make the language more precise.
In the regular meeting, the Town Board went into executive session for about 25 minutes with attorney Sonya Smelyansky to discuss litigation and an appeal from recent findings of the Ethics Board. When they came out they passed two resolutions. The first, passed unanimously, was to authorize the Town Attorney to continue action with respect to the Mittnight property and to allow the Zoning Enforcement Officer to inspect the site and contract for removal of inappropriate materials.
The second was a resolution, which passed 4-0 with Councilman Baldwin abstaining, that the Town Board refrain from accepting three recommendations included in an advisory opinion from the Ethics Board. The rejected recommendations were that the Town Clerk keep a FOIL (Freedom of Information Law) log and not provide it as part of a response to any FOIL request, that the Town Clerk should be fined for not charging an applicant for a FOIL request and that vouchers from the Town Court go directly to the Town Supervisor’s bookkeeper and not to the Town Clerk. The Town Board was advised that all three of these recommendations would be in conflict with State law.
Flooding Report
Town Supervisor Margaret Robertson applauded the County, the Fire Department and particularly the Town Highway Department for the speed and efficiency with which they responded to the flooding of July 29 and the following Friday. She noted that there was a lot of damage on almost every Town road but the Highway Department now had all roads passable and were continuing in their repair work. It was extremely difficult work, she said, much of it during the downpour itself. Yet the crews seemed to be in 20 places at the same time. “Truly commendable,” she said.
Councilman Monte Wasch suggested that the Highway Department should now be renamed the “Department of Highways and Waterways.”
Councilman Bruce Baldwin noted that the County had lent the Town an employee, Pat Slattery, as well as some equipment. Slattery, he said, had then taken a day of vacation from the County last Friday in order to come and help out with the Town Highway Department, donating his time free of charge.
Highway Superintendent Jeffrey Winestock said they still don’t know the extent of the damage because there could be a lot of problems hiding beneath the roads that could pop up at any time. There was some discussion about what should be done to prevent another cave-in such as the one that caused the shut down for several hours of Route 20 by Darrow Road. Councilman KB Chittenden said that David Stocks, President of the Shaker Museum & Library, was concerned about a 150-year old aqueduct that the Shakers had constructed as part of their extensive water systems. Stocks is concerned that it is now being used to divert water, and he would like to get the water out of the aqueduct. He did not think we should be relying now on a 150-year old structure. Winestock said that a 36-inch pipe off of Route 20 is adequate most of the time but if the aqueduct gets blocked, the pipe gets wiped out. He said the State is working on developing other options but for now, the blockage needs to be found and removed.
Attempted Abduction Averted
Michelle Bienes, Youth Program Summer Camp Director, reported that staff at the Summer Camp had been informed last month about the attempted abduction of a child in the Town of Berlin. They went on high alert and checked the Sex Offender Registry. Then on July 23 a man did attempt to entice a child into his car. An 8-year old camper noted the license plate and informed staff who reported it to police. Bienes said Ed Coons from the Columbia County Health Department, who oversees the youth programs, declared that he had never seen such an incident more professionally handled.
In another incident, a camp counselor severed a kidney in an accident at the monkey bars, but he is now out of the hospital and doing well. Aside from these incidents, and the fact that the Shatford Pool was not usable because of being repainted, Bienes said it was a pretty good summer. “The staff was fantastic,” she said, “the best since I have been there.”
The Town Board will take steps to officially recognize each one of the staff for their dedication and for protecting the security of the Town’s children.
Tennis And Basketball Courts
Following some discussion, the Board voted unanimously to accept a bid from Copeland Coating Company to fix up the tennis court and the basketball court in Shatford Park. They opted for a “premium” crack repair and refinishing for the tennis court that would essentially provide a new playing surface for a cost of $14,800. The basketball court will be resealed and striped for $3,300. A bid from the Donovan Construction Company to do a premium repair of both courts for $32,000 was rejected as too costly.
No Smoking Law
A draft of a local law that would ban smoking on all Town property was discussed. Smoking would be prohibited in both indoor and outdoor areas owned or operated by the Town. Conspicuous no smoking signs would be posted in all such areas. Councilman Livermore said he was troubled by a total ban without any designated smoking areas for employees, noting that Town Hall employees would have to cross over Route 22 to grab a smoke. Town Counsel Smelyansky said the Board would have to consider methods of enforcement, but Councilman Wasch said he believed it would become self enforcing as non-smokers came to feel empowered to point out violations. Councilman Baldwin added that designated smoking areas were part of an incremental approach to prohibiting smoking, an approach that most communities are not bothering with anymore in favor of total bans. The Board will continue discussion of this law at their next meeting.
Conservation Advisory Council
The Board considered a draft of another local law that would establish a Conservation Advisory Council “in order to ensure the wise use of the Town’s natural resources and the enhancement and protection of its environment.” The Council would consist of between three and nine members appointed by the Town Board, who would serve at the pleasure of the Board for a term not to exceed two years. Two of its members could be between the ages of 16 and 21. The Council would conduct studies, surveys and inventories and advise in the development, management and protection of the Town’s natural resources. They would work in cooperation with the Planning Board and make recommendations regarding the Master Plan as well as existing or proposed laws and ordinances.
Smelyansky asked the Board to think about such things as the number of members, how they would be appointed, who would be eligible, whether and how they would be compensated and who would act as secretary.
Farmland Conservancy
Jack Yurish spoke to the Board about the Town’s plans to sponsor the Benson Family Farm on Cemetery Road being deeded as an agricultural conservancy. The State has granted an easement that would ensure that the 202 acres of land remain forever farmland, but the State will come up with only 75% of the cost. Another $171,000 is needed from the owner, the Town and the community. Yurish said the proposal is consistent with the major components of the Town’s Comprehensive Plan. The committee sponsoring this will be soliciting tax deductible donations first from people in town who can “contribute significantly” and then the general public will be approached for donations to make up the difference.
Shared Services
Councilman Allen Livermore had earlier reported to the Board on negotiations with the Town of Canaan to possibly enter into a cooperative arrangement for sharing court services. Unlike some towns that make money from traffic fines, the courts in both of these towns are a major expense rather than a money maker. Livermore said that after looking into the matter in more depth he was hard put to find any savings in the projected cooperative venture. He agreed with Monte Wasch’s comment that Canaan was not particularly interested in the deal and said he now believes that more research is necessary into other alternatives, perhaps involving other Town services rather than the courts. Councilman Baldwin suggested putting the idea on the “back burner” for now, but Livermore felt strongly that the Town should not give up on the concept. Town Supervisor Robertson agreed with him on that.
Expand The Town Hall?
Baldwin said the committee looking into what to do about the Town Hall had pretty much dropped all options but one – to expand the existing Town Hall. The Ceramtek building, they concluded, was not to be had at a fair price. The committee had looked at blueprints for a renovation of the existing Fire Hall, which the LVPA will be leaving behind when they build a new one at the American Legion site. The plans looked nice but the cost was prohibitive. So the thinking now is to expand the existing Town Hall in Lebanon Springs. One option would be to build two additions, one on each side. Another option would be to expand upward. Baldwin said an architect has been invited to sit in on their next meeting on August 19. He expected to be more specific about approaches at the September Town Board meeting. The committee is thinking about ways to hold down costs such as having the Town act as the general contractor bidding out individual projects and possibly getting volunteers to do some of the framing and other work. They would also try to keep the renovation to less than 50% of the building so as to avoid the necessity to adhere to new code requirements.
Supervisor Robertson said it was good to see the Town actually moving forward on this after many years.
Town Historian Gets Office Back
The Board received a letter from the Lebanon Valley Historical Society proposing that they and the Town Board work together to bring the Town into compliance with State Education Department (SED) guidelines.
The guidelines specify that a Town Historian should be provided with an office and not work out of his or her home. The LVHS has determined that the office in the Town Hall that they now use was originally the office of the Town Historian. They have now worked out an arrangement by which both the LVHS and the Town Historian, Kevin Fuerst, will share that space.
The SED also prescribes that the Historian should not manage the storage of historical records and artifacts. Rather, the Town Records Management Officer should store governmental records, and non-governmental records should be in the custody of a library or historical society. Accordingly, the LVHS is proposing that the Town transfer custody of any non-governmental records and artifacts, including those held by the Historian, to the Society. All such items would be documented and catalogued with a searchable index following professional archival standards and none of them would be disposed of without the approval of the Town Board. Doug Banker spoke for the Society, assuring the Board that the items would remain the property of the Town while in the custody of the LVHS.
Councilman Wasch moved that the Town Clerk work with SED and the LVHS to form the specifics of a repository agreement for the Board’s consideration. The motion passed by unanimous vote.
Closing The Dump
Councilman Baldwin reminded the Board that the Town has been ordered to complete the closing of the abandoned Town landfill by December 7. He is in the process of coordinating an arrangement with the land owner and engineers regarding use of fill materials that are on site and possibly using some from off-site but nearby. Since the landfill was a comparatively clean one, Baldwin thought they could get a variance to cover the area with 18 inches of soil instead of 24 inches. He is pushing to get the DEC to move quickly on this variance. He proposed also that Town trucks and equipment be used, if the timing and weather allows, to do the job more economically.
Midtown Mall Grant Still Alive
Councilman Wasch reported that the State committee considering Restore NY grant applications has made no decision yet regarding the Town’s application for a grant to help fund the Midtown Mall project. The good news is that the application is apparently still alive.
Audit Of Bills
The Board audited and approved claims in the amount of $22,767.41 from the General Account and $16,348.12 from the Highway Account.