Councilman Robert Kearns is accusing Putnam County of applying a double standard by showing interest in the Fjord Trail litigation across the county in Cold Spring, while offering no assistance to the Town of Carmel in the lawsuit filed by People USA over the rejected stabilization center.
Kearns, who is running unopposed and thus will become town supervisor Jan. 1, sent a letter last week to the Putnam County Legislature arguing the county should help shoulder legal costs stemming from the lawsuit filed against Carmel after its Planning Board denied a proposed crisis stabilization center in Carmel Hamlet.
“Consistency matters. Fairness matters,” Kearns wrote. “If county government believes it is appropriate to spend taxpayer dollars intervening in another municipality’s dispute, then it should also be willing to help cover the legal costs stemming from a controversy its own actions helped create.”
Kearns said he plans to propose a Town Board resolution urging the county to share in the legal burden.
However, County Executive Kevin Byrne disputed part of Kearns’ claim, saying Putnam County has not formally joined the Fjord Trail litigation and is not funding People USA’s lawsuit against Carmel.
“At this point, the county has not joined Cold Spring and Philipstown in their Article 78,” Byrne said. “The legislature would have to approve that, and that has not happened.”
The dispute centers on the Carmel Planning Board’s unanimous January rejection of a proposed crisis stabilization center at 1071 Stoneleigh Ave.
The facility, proposed by People USA, would have provided voluntary mental health and substance abuse crisis services. The application sparked months of public controversy.
Opponents argued the location was inappropriate because of its proximity to senior housing, the Putnam Trailway, and nearby businesses. Supporters, including county mental health officials, argued Putnam badly needs crisis intervention services.
Following the denial, People USA sued the town and Planning Board.
The lawsuit began in Putnam County Supreme Court before being moved to federal court in March. The case appears to combine an Article 78 challenge with federal civil rights and disability discrimination claims under laws such as the Americans with Disabilities Act and Fair Housing Act, which is why it was moved to federal court in the Southern District of New York, where it is pending.
Kearns argued the county was deeply involved in the stabilization center effort and should not distance itself from the resulting litigation.
“The county had its hands in the middle of the stabilization project,” Kearns said. “They were listed as a co-applicant. The room was packed that night with county personnel, and they got up in favor of it.”
He contends that Putnam officials rushed the process to preserve federal American Rescue Plan Act (ARPA) funding tied to the project.
“The county had ample time to find a place for this facility, which is much needed, but it has to make sense in the community,” Kearns said. “The county rushed to get a deal done because otherwise they would lose their ARPA funding.”
Kearns maintained that the Planning Board acted properly and independently.
“[The Planning Board members] are not elected officials and act without prejudice and now we are being sued, and county could help but they are not,” he said.
Byrne said the county’s role was limited to allocating ARPA funding and issuing a request for proposals for mental health services.
“We put $2.1 million toward a stabilization center,” Byrne said. “At that time, there was no site location, no contract, nothing.”
He said People USA explored several potential sites, including Carmel, but failed to secure approvals. Byrne said the county and People USA mutually terminated their contract in April.
“[People USA] has litigation against the town of Carmel, and the town has responded to that,” Byrne said. “The county is not part of that litigation.”
Byrne also stressed that the county is no longer tied to People USA and that remaining ARPA money has been shifted into a broader mental health reserve fund that could support other programs.
“There is currently no commitment for that to go to People USA or anyone else,” Byrne said.
Still, Byrne said the county remains committed to expanding mental health services.
“I don’t want people to think that this will stray us away from our commitment to mental health,” he said. “We are not going to give up.”
Kearns’ criticism was triggered by the county’s apparent interest in litigation surrounding the Hudson Highlands Fjord Trail project, a proposed 7.5-mile trail system connecting Cold Spring to Beacon along the Hudson River shoreline.
Philipstown and Cold Spring recently filed an Article 78 lawsuit challenging state environmental approvals for the project, arguing the review underestimated the environmental and infrastructure impacts.
Kearns questioned why the county would consider involvement in that case while offering no help to Carmel.
“That [the Fjord Trail lawsuit] is a local land use issue and for the county to put themselves in the middle of it using tax dollars is unacceptable and a slippery slope,” Kearns said. “Fjord Trail has nothing to do with the county, and it sounds like a publicity stunt.”
Byrne disagreed, saying the county has legitimate concerns because the project could increase demands on county services, including emergency response and law enforcement.
“It is a multi-jurisdictional proposal,” Byrne said. “That specifically affects the county because it adds potentially hundreds of thousands of people to a new site which will create additional budgetary costs.”
Still, Byrne reiterated that the county has not officially joined the lawsuit, and it is ultimately up to the Legislature to decide. He said they have requested more information from the county’s law department.
Kearns said his larger concern is fairness.
“I want consistency and accountability,” he said. “If you do it for one, you have to do it for everyone.”
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