CELL TOWER LAW SUIT DISMISSED

This article appeared in the Townsman, March 5 edition

Perhaps out of boredom with so many frivolous lawsuits concerning the municipal communications tower built in the California Quarry in 2007, it was disclosed now only in passing that the Town had prevailed last October 23 in an Article 78 proceeding initiated by Ken Silver, Jay Cohen and George (“Jerry”) Washington.

Silver, Cohen and Washington had argued that the Town Board had not complied with the competitive bidding provisions of General Municipal Law (GML) in signing, and then amending a master management agreement with JNS Enterprises. Based on such agreement the communications tower was built, all at JNS expense. The amendment to the agreement deferred for five years the Town’s 50% share of revenues from two cell phone providers, in this case ATT and Verizon Wireless, allowing JNS to recoup the additional $150,000 expense of constructing a monopole “tree” tower, instead of the less expensive lattice tower originally agreed to but rejected in a decision of the Woodstock Planning Board.

Several lawsuits against the tower have been dismissed previously, this last one argued before Acting New York Supreme Court Judge Kimberly O’Connor in May of last year. Attorney for the Town, Rod Futerfas, argued on behalf of the Town that the litigants did not have standing, that their Article 78 did not include an involved party — in this case JNS — and that the competitive bidding provision in the GML did not apply since the Town had paid no money toward the tower’s construction.

Judge O’Connor upheld the Town’s opinion with regard to the litigant’s lack of standing, but went further to note that even if the parties had standing that GML still would not apply, since again it was shown the Town has spent none of its own (taxpayers) money on the tower.

E-mails seeking comment from Town Board members were responded to only by Councilwoman Terrie Rosenblum and Supervisor Jeff Moran, each acknowledging that the case had indeed been decided in the Town’s favor. Councilpersons Liz Simonson and Chris Collins, who had cooperated with the litigants in an unsuccessful effort to derail the JNS agreement, had no comment. Councilman Jay Wenk also had no comment.

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The on again, off again proposal to study the feasibility of consolidating all the Town offices, including the court, police and dispatch departments in the soon-to-be vacated Elna Ferrite building took a tentative step forward on February 25 after an inspection of the facility by Town officials and advisors that included Supervisor Jeff Moran, Councilwoman Liz Simonson, former Planning Board Chairman Michael Mullally, architect Robert Young and engineer Dennis Larios.

Larios, whose firm engineered the new highway facility, advised the Town to identify possible environmental contamination that may have resulted from the buildings current use as a light industrial facility. Such a study may have already been performed when the business expanded back in the 1990s.

Mullally, who has had experience in large renovations, guestimated that the facility could be converted for Town use for about $1 million over the purchase price, saying such expenditure may not necessarily result in a “a completely soup-to nuts-job, but a perfectly usable space with all the partitions in place.” He listed several alternatives, such as determining the height of the partition walls, which would determine the level of up-grade to the heating and cooling system already in place, as matters to consider to try to keep renovation costs down.

The zoning law, which designates the parcel as a Special Light Industrial District, while permitting “Town Offices” prohibits “Court and Police” facilities. There is varying opinion among Town officials as to whether the zoning law would need to be amended if the proposal to purchase and renovate the building were to move forward.

Whether or not the proposal will move to the next stage is not easy to determine. Simonson said, “When the ESA (phase 1 and 2) [environmental assessments] are completed we would then move onto a structural engineering report. All of the information compiled in these analyses will aid in price negotiation,” which appears to be a step toward serious consideration. Councilwoman Terrie Rosenblum issued what appears to be an encouraging e-mail on her opinion of the walk-through to fellow board members, as did Moran.

However, Councilman Jay Wenk responded, “I am concerned that the report sent by Terrie about Elna left out so much crucial detail, and by omission implies that all went well.” Wenk is on record as not in support for the proposal. Councilman Chris Collins had no comment.

In the mean time, as per a Town Board discussion at its last meeting, the Town sent a letter to Senators Schumer and Gillibrand, Representative Hinchey and Governor Paterson a letter expressing interest in applying for an Energy Efficiency Block Grant for municipal facilities under the American Recovery and Reinvestment Bill of 2009. While the letter describes the shelved Town Hall renovation project as “shovel ready,” it also goes on to discuss the possibility of renovating Elna Ferrite or constructing from the ground a municipal building at the foot of Comeau Drive.

Mullally, Young and Larios all provided their time at no charge to the Town.