New Lebanon Landfill Issue Resurfaces

by Phillip Zema
The highlight of the New Lebanon Town Board meeting on Monday, August 9, concerned the former landfill off of Old Post Rd. The DEC requires that the landfill be closed, but the closing process costs approximately $1.4 million. Unless Columbia County assumes responsibility for closing the landfill, however, New Lebanon may be legally obligated to foot the entire bill.
Throughout the late 1980s and early 1990s at least ten landfills were closed in Columbia County.  New Lebanon and the County’s other townships helped fund the closing costs.  It was reported that since 1986, the County has deposited substantial amounts of tires and debris into the New Lebanon landfill.   The Town Council is adamant that the County – and not merely New Lebanon’s tax payers – should take responsibility for closing the landfill.
Recently, Town Supervisor Margaret Robertson brought this issue to the County’s Board of Supervisors.  No official position was taken at the meeting, but she was pleased with the reaction she got from the other supervisors.   There is another Supervisors meeting on August 18, and the issue will be discussed by the County’s legal committee. At that time, the Town may learn more about whether the County will assume responsibility for closing the landfill.
It was suggested that, at the August 18 meeting, the Town present an official memo stating exactly what it wants from the County which is for it to pay the fees and fines associated with the landfill.  Council Member Doug Clark made a motion for the Town to prepare such a memo. Jason Shaw, the Town Attorney, was asked to prepare the memo. Councilman Bruce Baldwin, however, was concerned that there was a conflict of interest in having Shaw involved with the issue.  Furthermore, he asked that, prior to submission, the memo be presented to the Town Council for review. He also asked that Shaw provide a disclaimer listing who he represents in Columbia County.  Robertson suggested that Shaw prepare the memo by August 16.
Shaw replied that he would be a strong advocate for the Town of New Lebanon, especially in the arena of the Board of Supervisors.  He added that he has had a working relationship with other County towns and supervisors. So if the Town had to pursue a lawsuit against the County, he said he would step aside in order to avoid any appearance of impropriety.
Clark said that the Town faced several scenarios regarding the landfill issue.  The first scenario involved the Town asking the County to assume responsibility; Clark was satisfied in having Shaw help the Town in this process, especially in submitting the memo. But, if the County refused responsibility, Clark felt the Town should hire a special attorney to present the Town’s case.
The motion, however, failed as only Clark and Robertson supported it; Baldwin voted against the motion and K.B. Chittenden and Allen Livermore were not present. Although the motion did not pass, it was mentioned that the Supervisor still has the authority to present the memo to the Columbia County Board of Supervisors.
The DEC wants at least some initial preparation work performed at the site.  The work includes grading, tree and debris removal and other preparatory work.  It was suggested that the Town perform at least some of these tasks.  Yet Baldwin was concerned that if the Town performed such work, it could compromise their case against the County. The Town should refrain from such work until the County is officially held responsible for closing the landfill, he said.
Local Cleanup Initiatives
Clark reported that the former Hess station off of Route 22 has been cleaned up and looks better. Originally, the Lebanon Valley Business Association contacted the station’s owner with concerns that the property had become slightly disheveled.  Clark emphasized that the maintenance served as an example of what happens when community members cooperate and work together, especially regarding zoning issues.
Kitchen Appliances For Town Hall
The New Lebanon Senior Citizens group was recently awarded a $2,984 grant. The funding will go towards purchasing kitchen appliances for the new Town Hall.  To receive the money, the purchases have to be made by August 16 so the seniors needed the Board’s approval before going forward.  While the Board supported the purchases, the Town does not have a new Town Hall in which  to place the appliances.  To circumvent this problem, Kathy Murnane was given permission to temporarily store the items.
School Speed Zone Requests
Matt Larabee, New Lebanon’s representative to Columbia County’s Traffic Advisory Council, asked whether the area by the high school and elementary schools could be designated as school zones.  If the areas are designated as such, the nearby speed limits would be reduced to 25 mph during school hours. A reduced speed limit would make the area safer for children.  For the change to be implemented, the Town would have to submit a request to the Department of Transportation.