New Lebanon Board Questions Financial Report

by Phillip Zema
The New Lebanon Town Board meeting began with a disagreement over Supervisor Meg Robertson’s Town financial report. The report summarizes the Town’s revenue and expenses, but Councilman Doug Clark was concerned that it inaccurately portrayed New Lebanon’s economic condition because the Town may be liable to pay $1.4m to close a local landfill. Unless Columbia County is persuaded or forced to assume responsibility, the Town will be held accountable. If so, residents’ taxes will skyrocket. Clark believes that the report is misleading and should have included this potential liability.
Robertson responded by saying that such a report does not require the inclusion of potential liabilities. It never has, she argued, but it could be included in some other report. Councilman Clark disagreed, and Councilman Baldwin claimed the Supervisor has the authority to include potential liabilities in her report. Supervisor Robertson decided she would discuss the matter with the Town’s accountant, and, while doing so, she would investigate how to best represent the possible liability.
Later, Deputy Supervisor Monte Wasch defended the Supervisor. He claimed her report is simply a cash report and need not include potential liabilities. Moreover, Wasch said there is no guarantee the Town will be held liable, so we should not assume it will happen. Even if closing the landfill fell on the Town’s shoulders, the case would take years in court to resolve, he said. Clark’s response was that the Town needs to be aware that a potential liability lies on the horizon. Furthermore, the Town may be accountable for a number of additional fines as well.
The Supervisor argued that the $1.4m figure is merely one engineering company’s estimate; it could be considerably less. Also, since the Town may not be liable, there is no need to create unnecessary anxiety and hysteria. Clark, however, stood firm, and he asked whether the Supervisor had written a letter to the County that asked them to pay a $50k fine. She responded that she had not but would do so as soon as possible.
During the public session, Maryann Chalifoux asked the Board if it would consider adding a road to the Township. The Hawthorne Hills subdivision, located on County Road 13, is currently accessed via a private road. Chalifoux was hopeful the Town would assume the duties of plowing and maintaining the road. The Board made no decision, but Highway Superintendent Jeffrey Winestock worried that it would not be in the Town’s best interest to take responsibility for the road; after all the road only contains three homes, and it is unclear whether the Town can legally acquire it.
Another resident, Joan Phelps, voiced her dismay about the numerous zoning violations evident throughout Town. These violations, she claimed, stood at odds with the Town’s goal of beautifying the area. In light of these problems, she inquired about the role of the Zoning Enforcement Officer. Clark responded that the position currently has no specific job description, a concern which needs to be addressed. Phelps added that anytime anyone reports a violation, the Enforcement Officer makes them submit a written complaint. Her point was that blatant infractions should not require such procedures, especially when the Town’s zoning law clearly specifies what is acceptable. Baldwin claimed that the Town does take action, but often, when one problem is fixed, another quickly arises; this process is perpetual.
Also, there was concern about streams being obstructed by debris and beaver dams, which has led to flooding. This problem is evident around Rt. 20 and Canaan Road. One resident said that a congested stream has led to her lawn being transformed into a pond. Winestock said that he spoke with a representative from the Department of Environmental Conservation. The DEC spokesman said that the area was “part of the most protected wetlands in New York,” and therefore, by law, nobody could address the problem. The resident claimed that her land had never been a wetland and only a stream went through her property. Clark promised to look into the issue and talk with Department of Transportation and DEC officials.
For months, the MidTown Mall owners were optimistic that they would receive a $400k community block grant. Monte Wasch announced that this project could not be continued. State health regulations required the owners to add an additional $100k septic system. This investment would be too expensive, however. Nonetheless, the owners are still exploring grants that could help fund commercial opportunities.
The night’s biggest hullabaloo concerned the Lebanon Valley Speedway. Often local residents and visitors park their RV campers overnight in the racetrack’s parking lot. But the State claimed that, because of these campers, the parking lot ostensibly functioned like a campsite. So unless the racetrack owners obtain a campsite permit, overnight parking would not be allowed. A number of residents were outraged by this ruling. They claimed that such an action was unjust, egregiously inconvenient and would only hurt the local economy.
The Speedway’s owner, Howard Commander, voiced his displeasure as well. He argued that among the 300 nationwide speedways, none have camping permits. Not even county fairs or a number of other entities (e.g. the Buffalo Bills) are obligated to obtain such a permit, he said. Furthermore, he feared that going through the process of obtaining a permit would be too time consuming and expensive; a simple permit could end up costing him thousands of dollars in transaction and compliance costs. For years, he argued, he complied with State and local policies, and the overnight parking was never an issue. He also claimed that such an action only reflected the wishes of a few residents.
Town Attorney Van Bortel and Clark responded that Commander had little choice but to comply with the ruling or appeal to the State. Even if the Town granted overnight parking status, he still had to deal with State law. As Councilman Chittenden put it, the Town may be more stringent with State laws (e.g. zoning laws), but it cannot be more lax about them. The State Health Department (in accordance with State Sanitary Code 7-3) requires Commander to comply with campsite requirements; therefore, the Health Department, Clark claimed, is the first hurdle Commander must jump.
Commander claimed that he had prepared a lawsuit. It is not clear, however, whom he will bring his case against. Even if he wins a lawsuit against the Town, he still must deal with the State. Commander was vehemently adamant that the ruling was unjust and that the racetrack should not be considered a campsite.
In closing, Baldwin announced that there will be a Town Hall information meeting on April 26. The meeting will outline the details surrounding the Town Hall renovation project. The project will likely require a referendum, which is currently being planned for mid-August. The Town is planning to apply for a $75K grant that will help fund the project.