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Cold Spring Village Replaces Longtime Attorney with New Windsor Law Firm
Sewer system to be tested for storm water infiltration
by Mike Turton
With Mayor Anthony Phillips abstaining from the vote, Village of Cold Spring Trustees accepted the resignation of longtime Village Attorney Stephen Tomann at its August 14, 2007 Workshop. Moments later, the Board appointed the New Windsor, NY law firm of Drake, Loeb, Heller, Kennedy, Gogerty, Gaba and Rodd to the position. As a partner in that firm, Stephen Gaba will now handle the Village's legal affairs. Tomann, who had served as Village legal counsel since 1993, declined to comment when contacted by PCN&R. Contacted after the meeting, trustee Karen Dunn indicated that the Board felt that with the Village facing increasingly complex issues, greater resources, expertise and time are required and can be beyond the scope of a one-lawyer firm. Dunn cited the new Comprehensive Plan now being drafted as one example of a project that could require an increased depth of service. Gaba's firm specializes in municipal law and does work in numerous Hudson Valley communities including Cornwall, Monroe, New Windsor, Goshen, Philipstown and Dutchess County. Mayor Phillips, also contacted after the meeting, indicated that while he had no issue with appointing a new law firm, he objected to the manner in which the change was made, pointing out that it was only April when Tomann was reappointed by the Board as Village legal counsel.
Newly appointed legal counsel Gaba wasted no time getting involved. The Board continued discussions regarding the Village sign law after it revoked the law on July 24, 2007 in the wake of US District Court Judge Colleen McMahon's ruling it unconstitutional. Gaba presented a suggested new law which he feels complies with the court's ruling. Trustees will now review and suggest revisions to the draft law before scheduling a public hearing at which it will be presented. In her decision, Judge McMahon ruled that when residents apply for a "certificate of appropriateness" in order to erect a sign on their property within the Village Historic District, the Village Architectural and Historic District Review Board must respond within three business days. The Review Board's approval is based on signs meeting aesthetic guidelines. The content of the sign is not reviewed as it is protected by the first amendment of the US Constitution.
ADS Environmental Services will soon be conducting tests of the Village sanitary sewer system. The tests are needed to determine where storm water is entering the sanitary system during periods of heavy flow after severe rain storms. Storm water is drained by a separate system and should not enter the sanitary system. When it does, it can overtax the sanitary system's capacity to treat sewage. As a result, water entering the Hudson River from the sewage treatment plant can be substandard. A non-toxic smoke will be injected into the system to test for problem areas. Residents do not have to be at home when the testing is undertaken. ADS will provide notice to residents at least twelve hours in advance by distributing handbills in the affected areas. Residents can contact ADS at 1-800-353-5656. ADS indicated they hope to begin the work by the end of this week.
Cold Spring, despite losing out on the filming of War of the Worlds in 2004, is still very much on the radar of industry location scouts. It was announced at the meeting that Maxwell House Coffee will be filming a television commercial in Cold Spring on August 27 and 28 at a number of "secret" locations. Scenes for a movie entitled Against the Current, starring Mary Tyler Moore, will be shot on the Cold Spring waterfront around September 15 through 18.
The Cold Spring Village Board meets in a weekly workshop every Tuesday at 7:30pm at the Village Hall, except on the second Tuesday of each month when they hold their monthly meeting.
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