1.23.2015

Transparency and “Sewage-gate”

Facts are important.

The fact is, there have been discussions about development of the South Putt Corners “corridor” for light industrial use for more than two decades. The Town Board discussed commissioning a “shovel-ready feasibility study” at meetings in 2011 and 2012. However, the fact is, there is no indication in any minutes of a specific potential site or sites within that 360-acre corridor for a sewage treatment plant. In fact there is little documentation to even substantiate the need for a sewage treatment plant on South Putt Corners Road.

In 2012, the town of New Paltz filed an application with the Ulster County Industrial Development Agency (UCIDA) for a grant to fund a “shovel-ready feasibility study” to “evaluate the feasibility and costs of constructing a new town sewer district.” The application includes a “scope of work” that encompasses the assessment of soil conditions, wastewater flow estimates, and the preparation of sewer district mapping. What the scope of work does not include is the site selection and acquisition of a property along the 360 acre corridor. One can argue that this is an implied outcome of the grant, but negotiations on the purchase of a property were not part of the study or required for its completion.

It is a fact that a conceptual plan on parcels of land owned partially or in full by Town Board member Kevin Barry (on a map created by Town Engineer Dave Clouser) depicting a sewage treatment plant adjacent to the High School dated 11/6/14 exists. While Mr. Barry recused himself from the vote to submit the grant application for the feasibility study to the UCIDA, many wonder if it is a conflict of interest that a Town Board member’s property is being considered over other properties located in the 360-acre corridor. To date, the town has not produced any similar conceptual plans on alternate parcels of land.

While the Town Board has made many documents pertaining to the sewage treatment plans available on the Town website, some of the most revealing and pertinent documents were not included. These missing documents raise some very troubling questions about town government transparency.In mid-December, an 11/18/14 letter from Town Engineer Dave Clouser to Town Attorney Joseph Moriello (cc’d to Town Supervisor Susan Zimet) was shared widely on social media, but has not yet been included on the Town website. In it, Mr.Clouser states that a potential site for the sewage treatment facility was “offered up by a landowner,” and that “a conceptual layout of the facility was prepared and discussed with the landowner.” Mr. Clouser indicates that the NYS DEC had conducted a site visit and refers to “pending property acquisition agreements.” This letter was then forwarded to the UCIDA by the Town Attorney and once again cc’d to the Town Supervisor.

So, as early as November 18th, our Town Supervisor knew that the Town Engineer had identified a specific potential site for the sewage treatment plant, that negotiations to purchase land had begun, and that conceptual plans had been shared with both the landowner and the DEC. Town officials have not disputed the information contained in this letter. Yet, in a 12/5/14 email to former Town Board member Kitty Brown (shared on the Town Board’s website), Supervisor Zimet stated, “We never authorized Dave (Clouser) to draw up plans...We are not even close to authorizing a design or acquisition.”

Emails to Town Councilman Dan Torres also indicate that Supervisor Zimet was aware of plans to acquire land prior to 12/5/14. On 12/2/14, she wrote, We have been looking for another site and we finally just got DEC approval for 350,000 gallons into the stream on the site. We need to start talking to the landlord about acquisition...” On 12/3/14, Zimet wrote, “Dave just told me the other day that he got approval from the DEC to use a specific site and that the town needed to start talks on acquisition…I understand the owner just wants fair market value so we may just need to hire an appraiser.” An earlier email from Town Councilman Jeff Logan to Town Board members and Supervisor Zimet on 11/30/14 stated, “I have been in meetings on the proposed site with Susan, engineers, Chris M. (Marx), and proposed developers for at least the last year.”

This raises difficult questions. Why would the Town Supervisor claim no knowledge of land acquisition discussions when she was clearly cc’d on Mr. Clouser’s letter and herself made reference to site acquisition in several emails? If the Town Board didn’t instruct Dave Clouser to develop a conceptual or site plan and to discuss these plans and purchase price for land that is owned either fully or partially by Town Board Member Kevin Barry, who did?

The 12/18/14 Town Board meeting transcript raises even more questions. At 1:57:00, member Dan Torres raised a potential conflict of interest in the determination of the sewage treatment site:

Susan Zimet: “What conflict of interest?”Dan Torres: “Who owns that property?”Susan Zimet: Shrugs shoulders, no response

Afterwards, Zimet indicated that she was unaware of who owns the parcel or parcels of land in question:

Susan Zimet:“Kevin, do you own the property that is under consideration for a potential site for a sewer plant that is yet to be designed, discussed...do you own that property?” (To Kevin Barry) “Do you own the property that Dave is looking at?”

In light of the fact that Dave Clouser’s 11/6/14 conceptual plan clearly labels the parcels of land in question as belonging to Copeland Funeral Home, Kevin Barry, and to “140 South Putt Corners LLC,” (the last two parcels use Kevin Barry’s law office address at 310 Mill Street, Poughkeepsie and have been previously been co-listed for sale) and that all work carried out was contracted by the town, it is highly unlikely that Supervisor Zimet did not know the answers to her queries. So why would she strive to appear as if she was unaware of who owns those properties? A voicemail shared by Dan Torres on 12/1/14 features Supervisor Zimet stating:  

I really want to make sure that we manage everything that we are doing without getting caught up in the politics of the school bond vote, and Kevin, and his property on South Putt, and you know, all of the insanity that ensues with this community when we get into these waters with people who don’t have trust in each other.”

These facts beg the question, why would Supervisor Zimet feign ignorance of Mr.Barry’s ownership in the town board meeting two weeks later?

Also at the 12/18/14 public meeting, Supervisor Zimet said:

“Quite frankly we have not had an update from Dave on the sewer feasibility study and what’s going on in quite a while because he’s been working on the water and he just got started.”

This statement cannot be factual considering Mr. Clouser’s 11/18/14 letter to town Attorney Joseph Moriello (cc’d to Supervisor Zimet), and the emails referenced above. The transparency and honesty of the Town Supervisor’s comments are thus called into question on land acquisition adjacent to the high school, and on the timeline of the Town Board’s progress identifying and beginning purchase negotiations for this land.

A 12/25/14 Daily Freeman article states, “Zimet said a location has not been chosen and that options include an adjacent 9-acre parcel owned by Terrence Copeland or connecting to the village’s wastewater treatment plant.” However, in her 12/2/14 email, Zimet wrote, “We need to start talking to the landlord about acquisition….” And Dave Clouser’s 11/18/14 letter also refers to “pending property acquisition agreements.” These comments strongly imply that contrary to Zimet’s assertion to the Daily Freeman, a property has already been identified.  Additionally, the feasibility study encompasses a study of the “South Putt Corners Road Sewer Corridor” only and to date, the town has not provided any evidence that the Village’s wastewater treatment plant is in fact under consideration as an alternative.

During the 12/18/14 Town Board meeting, members of the Town Board shifted discussion to the current state of the high school sewage system and Supervisor Zimet engaged in similar discussion in the 12/25/14 Daily Freeman Article. There is nothing to indicate that a detailed study of the high schools’ sewage system was conducted as part of the feasibility study. Even if it were determined that the high school’s sewage infrastructure were in need of repair, this would not necessarily justify or require a new plant situated in close proximity to the school and such discussions do nothing more than deflect from community concerns regarding transparency.

Many community members are deeply disappointed with the lack of transparency, and question whether all options have been thoroughly analyzed. It is incumbent upon the Town to ensure that any and all discussions of sewer capacity and location as well as potential sites for a sewage treatment plan are presented in a timely and transparent manner to the community and are subject to public input prior to consideration of land acquisition.

At the 12/18/14 Town Board meeting, all but Councilman Torres voiced support for these plans despite the objections of many attendees. To continue full steam ahead, casting aside the community’s concern for the safety of our students, educators, and school personnel is unacceptable. If you agree that this plan should be stopped now, please sign the petition at Change.org:  “Drop the plans to site a sewage treatment plant adjacent to our high school.”

Bianca Tanis
New Paltz

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