Lebanon Board Adopts 2010 Budget with Small Tax Cut

By Jim Goldstein

(Lebanon, NY) Lebanon town board members unanimously adopted a 2010 town budget that will contain a small tax decrease at its monthly meeting Nov. 9, 2009, and also reached an agreement with Norse Energy and Conquest Seismic Services that the request to do seismic testing on town roads, primarily Deep Spring Road, would be withdrawn by the company in favor of them doing the testing on private lands where they actually have signed agreements.

Supervisor Jim Goldstein had scheduled the public hearing on the use of town and county roads for seismic testing with Town Board approval due to concerns that not all the property owners on that road had signed seismic testing permits or had gas well leases. He also said that the town’s new policy on seismic testing, recommended by Town Attorney Steven Jones, was to have the town board review any seismic testing request that involves town rights of way to ensure no seismic trespass occurs and that all resident with concerns about impacts are heard.

Lyanne Hoefer of Conquest Seismic Services, who does seismic testing for Norse Energy, confirmed their intentions to seismic test land adjacent to Deep Spring, Vosburgh and South Lebanon Road but also said that after phone consultation between Supervisor Goldstein, Norse Energy Director of Geological Services Stu Loewenstein, Town Attorney Jones and her, it was agreed that Norse and Conquest would restrict all seismic testing to private land where permits were granted.

Michael Caton of Deep Spring Road reported at the meeting that he and his neighbors had not been notified of the planned testing, that he had not signed a lease or seismic permit and objected to the testing. He also cited concerns that none of the neighbors have been advised of this intended activity.

While he and Steven Bartlett of South Lebanon Road were critical of how Norse Energy and Conquest has handled seismic testing issues in the town. Lyle Warren of Lebanon Hill Road, who has several gas wells and pipeline running through his property, stated a positive experience with the company.

Ms. Hoefer and other Conquest officials present said that Conquest plans to do seismic testing on private land with permits utilizing dynamite that is buried and exploded that is intended to send shock waves into the ground that can then be recorded to detect the presence of natural gas deposits. Seismic listening equipment will be connected to cables that may be seen at crossings off Deep Spring, South Lebanon and Vosburgh Roads but no use of 44,000 pound thumper trucks using Vibroseis will be permitted on town roads.

Supervisor Goldstein said he is in contact with the county which had not granted a permit for testing as well up to this point. He also encouraged all resident who have signed leases or seismic permits to consult their lease agreements and legal counsel about what is permitted in the area of seismic testing. Conquest officials projected that testing will begin in late November with primary testing off of Deep Spring road and cable crossings across Vosburgh and South Lebanon Roads.

Since the meeting, Goldstein said he has been visited by contractors for Norse Energy who are planning extensive seismic testing of private property beginning in south Lebanon and traveling down through Smyrna, Plymouth, Preston, Oxford and Greene on permitted land. Goldstein reports that the company is taking water samples for turbidity and solids for pre-seismic acitivities for any water wells within 1,000 feet of testing areas, and then post-seismic including residents who have not signed seismic testing agreements. The testing will originate in the Billings Hill Road area and move downward across South Lebanon Road and into Smyrna on properties owned by Barker, Muscarella, Romey, Riolo and Keller off South Lebanon Road before entering Smyrna and continuing downward.

Concerned residents can contact Supervisor Goldstein at lebanon@citlink.net or 837-4152 or consult a local attorney if they have a current agreement and contact Norse Energy or Conquest about the planned testing on private permitted land. Lyanne Hoefer can be reached at (607) 857-7582. Information on water testing is also available through the Madison County Public Health Department and can be accessed through the Madison County,New York website.

Norse Energy can be reached at (716) 568-2048 or can be faxed at (716) 568-2221.

Town officials approved a 2010 town budget unanimously that includes a small reduction in the town tax levy and a 25 percent reduction in the town tax rate.

Before acting, town officials listened to a request by Susan Galbraith of South Lebanon Road who advocated the town cut its road budget by 12 percent to give taxpayers a bigger break, citing her own research which suggested that the town of Lebanon was spending more per mile on its roads then its neighbors in Georgetown and Brookfield. Her figures claimed that the town could cut the tax rate 12 percent and save $42,115 in the town budget. She said she based her numbers on highway repairs and capital improvements budgeted for 2009 in Lebanon, Georgetown and Brookfield.

Supervisor Goldstein and Highway Superintendent Alex Hodge explained that the figure of cost per mile of road was not a good measure since it does not take into account the actual roads being repaired and the level of work required. Mr. Hodge noted that he has had to replace a significant number of road culverts not replaced when previous work was done prior to his taking office, which led to greater road deterioriation from water damage. Town roads being repaired since he took office involve replacement of all damaged culverts and slurry seal which includes a 7 year warranty on road repairs. Goldstein said that several times, repairs to those roads were covered by the vendor warranties.

Supervisor Goldstein reviewed the preliminary local road budget for 2010 which includes $10,0000 for 300 tons road patch, $20,000 to oil and stone Briggs Road, $28,000 to crack seal and repair and slurry Musician Road and $4,000 to replace culvert pipes and gravel Bird Road at a total of $62,000. Goldstein noted that this was preliminary and that the town board and highway superintendent usually wait until after the spring thaw to assess priorities, publish a proposed road plan and take public comment in the spring before adopting the final plan. He said such policies have been followed since 2002 and that no one has ever requested a reduction in road repairs. He notes that usually, residents want to see additional road work completed that the town may not be budgeted for.

Goldstein noted that the proposal by Ms. Galbraith would effectively gut the local road program and that a 12 percent cut in the local tax levy would eliminate about $44,000 in local road repair materials, since the state Consolidated Highway Improvement Program funds she included in her estimates is a separately funded program by the state Legislature on an annual basis that can only be used every 10 years to reconstruct a road.

CHIPs funds have been used to repair Musician Road, Lebanon Hill Road, Thompson Hill Road and now is in the process of repairing Vosburgh Road. CHIPS requirements are quite specific for the type of repairs and reconstruction that has to be completed.

Goldstein said the local road repair plan is budgeted at $64,000 for materials to account for unpredictable increases in stone and road oil prices. Reducing it to $20,000 would limit the town to primarily patch work and perhaps Bird Road. He added that he strongly felt that portions of Chamberlain Hill Road also needed road work and that residents of that road blamed those impacts on Norse Energy gas development activities the past two years which will be the subject of further negotiation next spring.

Ms. Galbraith also suggested that the town negotiate with Norse Energy to rebuild some of the roads differently to reduce future impacts. Mr. Hodge and Goldstein reviewed the nature of the road repair agreement in which Norse Energy and the town inspect roads before and after and then three quotes from local vendors are obtained and Norse Energy chooses the vendor and the Highway Superintendent oversees the project repairs to his specifications. No money is given to the town and no town labor is utilized in the repair process. Goldstein said that if town highway employees were engaged in these repairs, it would put the other regularly scheduled road projects behind at least a year or longer in some cases.

Goldstein said that the agreement requires Norse to repair damages that are identified and doubted they would agree to rebuild a road as that was not part of the agreement. He said that there has been much debate between the gas developer and the town about the nature of impacts before repair agreements are finalized as it is. He said Norse Energy would have to agree to the additional work.

Hodge has said that keeping the current road repair schedule in place ensures more preventive maintenance and that the town would end up paying more if they let road maintenance lapse. Supervisor Goldstein has also supported that view and noted that the Town regularly solicits feedback from residents on its annual road plan, that there have been three straight years of tax cuts or no tax increase. Annual town surveys done of residents favor a flat budget but there has been little or no support indicated for a major cut in highway repair programs.

In other town board action, town officials:

– Authorized the Supervisor to seek Bond Anticipation Note bids for the final year of payment of the 2008 Stadium International Heavy Duty Truck.

– Approved a temporary workplace violence policy that is now becoming a new requirement by the New York State Department of Labor that cited the town in a recent inspection.

– Approved a resolution requesting that the state Legislature include in any regulatory changes all municipal governments as local agency designation for consideration of any gas development proposals and SEQR reviews regarding proposed gas wells that would be permitted by the DEC, given local towns the opportunity to have comment and input before a gas well permit was approved. This would require the DEC and other state agencies to request input from the town planning board and town board regarding gas well development and allow more local input.

– Approved fund transfers to balance out the 2009 town highway budget.

– Discussed a planned Nov. 30 meeting at the Earlville Opera House being planned for future users of the new Earlville Water District.

– Discussed the Madison County budget which includes a 2 percent increase in the county tax levy and proposed repairs to Randallsville, Lebanon and Armstrong roads, which are county roads, in the township that Goldstein said he has advocated for these past few years. Supervisor Goldstein also reported on his unsuccessful opposition to salary increases voted in by his fellow supervisors in a close vote and his plans to seek insurance cost sharing of health insurance by county supervisors and management at the county level during these difficult economic times.

The Town Board will next meet on Monday, Dec, 14, 2009 at 7:30 p.m.

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Lebanon Board Adopts 2010 Budget with Small Tax Cut

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