Valley News 10-24-09

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October 24, 2009

Lewis, APA dispute Lake Champlain Bridge officially closed over legal fees DOT suggests 100-mile detour

By Matt Bosley

By Fred Herbst

matt@denpubs.com

fred@denpubs.com

ELIZABETHTOWN — An Essex farmer ’s attempt to recover more than $200,000 in legal fees from the Adirondack Park Agency will be on a public stage next week. Salim B. “Sandy” Lewis has asked the court to grant him roughly $208,000 to pay for his legal fees in a dispute that twice rejected an agency claim to jurisdiction over Sandy Lewis three houses on his 1200-acre organic farm near Whallonsburg. The motion for fees is the latest episode in the years-long legal battle, and requires the APA to prove they were “substantially justified” in their pursuit of a favorable ruling. An Oct. 29 hearing is scheduled for 10:30 a.m. at the Essex County Courthouse where Judge Richard B. Meyer will hear oral arguments from both sides. In March 2008, the agency had fine Lewis Family Farm $50,000 for failing to obtain APA permits for three modular homes built for employees of the farm, This would which is on land classiestablish that when fied as rethe citizen is abused source manby government, good agement. Lewis concounsel can come in tested the enwith the expectation forcement, to win and to be paid however. A mid-levby government. el appeals — Sandy Lewis court ruled unanimously against the APA in July after Meyer had decided in favor of the farm in November 2008. The state declined any further appeals. Now, Lewis is confident for another precedent-setting decision in his favor. “This would establish that when the citizen is abused by government, good counsel can come in with the expectation to win and to be paid by government,” Lewis said. The New York Farm Bureau has supported Lewis in the case and will file yet another brief in the latest motion. Erik Leerkes, a Ticonderoga dairy farmer and president of the Essex County Farm Bureau, said the decision on this issue has far-reaching implications.

CROWN POINT — State officials are promising to open the Lake Champlain Bridge as soon as possible, but local commuters are demanding to know when that will happen. “Frantic calls to DOT produced a cheery voice offering to give detour directions,” Barbara Brassard, Ticonderoga Area Chamber of Commerce executive director, said. “What they didn’t mention is that these detours were around two hours long. “The enormous impact on the Lake Champlain region is obvious,” she said. “What is New York State doing? Nothing!” Todd Hoffman, New York State Department of Transportation regional structural engineer, disagreed. He said engineers are studying the bridge and formulating a plan to repair and re-open it. That plan should be in place in about two weeks. “We’re not going to rush just to get the bridge open,” he said. “We’re going to work diligently to make the bridge as safe as

See DISPUTE, page 14

possible. Safety is our top priority.” The bridge, which serves about 4,000 vehicles a day, links New York and Vermont. It was closed Oct. 16 when an inspection found as much as 30 percent of its concrete piers had disintegrated. “We were afraid the bridge could fail abruptly,” Hoffman said. The bridge is jointly owned by the states of New York and Vermont, although New York DOT is responsible for its maintenance. “It’s important to remember safety is our highest concern,” John Zicconi, Vermont Department of Transportation spokesman, said. “We realize the inconvenience this poses to many people, but we can’t risk lives for the sake of convenience.” The bridge, built in 1929, has been the site of repair work since mid-summer. Plans are being made to replace the bridge in 2013. Hoffman explained that low water allowed crews making repairs on the bridge to inspect

See BRIDGE, page 11

Vergennes

= Bridge Closure

= Detour Route

VT 17

VT 22A

Crown Point NY 9N/ NY 22

Ticonderoga

VT 22A VT 73

RAY BROOK, NY

(800) 559-6551

(800) 287-4525

DLR# 3160003

VT 73

NY 8

Hague

Detour Route from New York Take NYS Rt. 9N/22 South to Ticonderoga, 11 miles VT 22A

Take NYS Rt. 22/74 South, 1.6 miles Stay on NYS Rt. 22 to Whitehall, 25 miles Turn left onto US Rt. 4 and head east into Vermont, 8 miles

NY 22 US 4

Whitehall

Take VT Rt. 22A North to VT Rt. 17, 35 miles

Lake Champlain Bridge Closure Official Detour Route

Wii stay active By Matt Bosley matt@denpubs.com KEENE VALLEY — The latest gift to the Keene Valley Neighborhood House is helping residents there to keep moving. Thanks to a grant from the Glenn and Carol Pearsall Foundation, the assisted living facility purchased two Nintendo Wii video game consoles Oct. 15 complete with accessories and Wii Fit platforms. “We’re going to incorporate them into our regular activities,” said Beth Davis, development coordinator for KVNH. The gaming systems have state-of-the-art motion detection controllers that allow players to use actual body movement to manipulate the game. “It takes a little time to get used to it,” said Davis, “but the more you do it, the better you get.” Though the residents are already offered guided exercise or yoga classes daily, Davis said the games should encourage more

KVNH development coordinator Beth Davis (standing) leads residents Thomas Fagnerelli, Elaine Gross and Grace McGivney in Wii Golf on one of two new Nintendo Wii gaming consoles being utilized there. The consoles were purchased with a grant from the Glenn and Carol Pearsall Foundation.

See WII, page 12

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Photo by Matt Bosley

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