CLERMONT TOWN BOARD MEETING

September 6, 2005

The Clermont Town Board held its regular Town Board meeting on Tuesday, September 6, 2005.  Those present were Supervisor William E. Banks, Councilwoman Lent, Councilman Staats, Councilman Harned and Councilman Tousey. Others present were George Davis, Mandy Fuchs, Jr., Amandus Fuchs, Rebecca Sethi, Robert Desmond, Vera Brembs, Margaret Innerhoffer, Mel and Phyllis Heiko, Bram Moreinis, Elizabeth Mahar, Judith Neary, Neil Hegeman, William Cole, John Szatko, Chris Nolan, Richard Jones, Charles Lent, Patrick Meehan, Kimberlea Shaw Rea and Richard Roth of the Independent newspaper.

Supervisor Banks opened the Town Board meeting.   A motion was made by Councilwoman Lent, seconded by Councilman Harned to waive the reading of the minutes as copies were provided and accept to them.  All in favor.  So carried.

PUBLIC COMMUNICATIONS:

• Town Clerk’s report for August - $3,450.81.  A motion to accept by Councilman Staats, seconded by Councilman Harned.  All in favor.  So carried.
• Hamlet Steering Committee - $5000 grant received from Laura Musser Fund bringing the total available funds to $11,000.  Councilwoman Lent congratulated Chairwoman Rebecca Sethi on receiving the grant.  Any expenses should be vouchered to the Town Clerk and will be paid through the grant.
• Cable Franchise Agreement with Valstar was signed.  The term for the agreement has been increased to 15 years from ten years.

PUBLIC COMMENTS:

• Bram Moreinis will open the Community House for Computer Class on Monday through Thursday from 3:30 to 5:30 starting the week of 9/12/05.
• Judith Neary presented a petition of over 100 names regarding concerns about zoning, in particular changing the density in the Residential-Agricultural zone from one acre to three acres.  Robert Desmond and Chris Nolan would like to see this reviewed and possibly changed on its own, without delaying it with other zoning changes. Amandus Fuchs, Jr. submitted a letter on the impacts of large-lot zoning.  Councilwoman Lent will take the information for zoning review.  Councilman Harned noted that December is the time for review, however we will look into it in October.
• John Szatko, resident from Nevis Road, has requested that a catch basin be installed at a culvert on Nevis Road near his property.  He has met with the Highway Superintendent with no solution.  Councilwoman Lent suggested talking to Highway Superintendent Potts and Engineer Dan Wheeler about a suitable correction.  Councilman Staats made a motion, seconded by Councilman Tousey that it would appear that a catch basin should be installed at the culvert on Nevis Road and that

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        Highway Superintendent Potts would be contacted.  A letter will be written to Mr.
        Szatko.  All in favor.  So carried.

OLD BUSINESS:

• Supervisor Banks reported that work on the Community House has progressed.  New siding on both ends, and three to five feet up on the east and west ends has been installed and painted.  The starburst will be repaired and a new door will be installed.

Councilwoman Lent reported that a bid package, in draft form for the roof repair would be put together for an October or November bid opening.  Three outlets were installed for power outside.  A motion was made by Councilwoman Lent, seconded by Councilman Harned to put the roof project out for bid.  All in favor.  So carried.

• Councilman Staats reported that the request by the Germantown Park Commission for an additional $1000 donation for the park program for 2005 would be addressed in the upcoming budget workshops.  For this year, although the request was for $7000, the budgeted amount for 2005 was for $6000 and that is what will be sent.

NEW BUSINESS:

• The Highway Superintendent has requested the budget officer and Town Board to review the salaries and hospitalization for Highway employees.  In order to hire a third employee, he feels that salary and the availability of family hospitalization coverage would help in finding another employee.  Budget Officer Staats has set Monday, September 19th and Monday, September 26 at 7:00 P.M. for budget workshops.  A public hearing must be held in October and the budget adopted in November. 
• Neal Hegeman presented an idea to help the Katrina Hurricane evacuees.  He proposed building up to three temporary residences on twenty acres of land that he owns on Route 9G, if he could get temporary approval for all services and permits.  He does not want this to be a permanent situation, but would do it for temporary housing for a period of time.  He does not want any public monies. Mr.Hegeman will research it further.
• Richard Jones and Mel Heiko presented a letter signed by residents of Moore Road regarding property occupied by Mr. and Mrs. Patrick Meehan on Moore Road.  The letter outlines what they consider to be violations of the zoning ordinance, stating storage of diesel, gasoline, impact on road with truck traffic, accessory structure, which exceeds the limits, motor vehicle and truck repairs, etc.  They would like a stop work order issued for work on the accessory structure, enforcement of the zoning laws. Town Attorney Al Trezza asked if Mr. Meehan is building the garage as an accessory garage for trucks and if he is repairing other vehicles on the property.  Mr. Meehan was present and stated that he does not do any repairs of anything on the site, the building is just to house his trucks and equipment. They are his personal vehicles, which he and his wife use for work.  Mr. Trezza noted the differences between a

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     minor home occupation, which is run only by those in the residence and a major home
     occupation which involves other employees working from the residence. Mr. Trezza
     will discuss this with John Fieser, the building inspector, and report back to the board.
A motion was made by Councilwoman Lent, seconded by Councilman Harned to approve the Trust & Agency abstract #3, Voucher #6 in the amount of $595.00.  All in favor.  So carried.

A motion was made by Councilwoman Lent, seconded by Councilman Harned to approve Highway Abstract #9, vouchers #87-95 in the amount of $1,805.82. All in favor.  So carried.

A motion was made by Councilman Harned, seconded by Councilwoman Lent to approve General Abstract #9, vouchers #215-249 in the amount of $12,073.67. 

Kimberlea Shaw Rea, Attorney for the Town in the investigation of the LaMunyan C&D landfill on Route 9G reported on the FOIL request to DEC.  Ms. Rea has reviewed the town’s files and documents obtained from DEC.  The landfill was established as a Part 360 operation, which allowed for the operation of an ‘exempt site’ for up to one year.  The landfill accepted large quantities of C&D waste but was ‘cocktailed’ with other hazardous substances.  The landfill operation was stopped by the Town through the courts in November 1988. Ms. Rea spoke of the nature of the contamination based on a preliminary site assessment on the site in 1991.  PCB’s were found to be below the hazardous waste levels and the amounts of hazardous substances found did not require the site to be placed on the State Superfund list. The recommendations of the site investigation were to close the landfill in accordance with regulations, which includes capping and surface water drainage control.  Monitoring of on-site wells, sampling wells quarterly, air sampling as necessary.  Her letter also touched on other DEC memorandums and recommendations for periodic inspections.  Sampling was done in 1997 but was incomplete due to dense brush around the monitoring wells.  Ms. Rea suggested that DEC may wish to require closure of the site and the possibility that concrete slabs which have been proposed by Mr. Cole for the storage buildings that he wants to erect may be suitable.  They may also issue a ‘no further action letter’ allowing certain development of the property.  Mr. Cole has stated that he would abandon the property before he could invest a million dollars to close the site as was suggested in the 1991 letter from DEC.  Ms. Rea would like to call and write to DEC Regional Administrators asking the State to take action on this site.

A motion was made to adjourn by Councilwoman Lent, seconded by Councilman Staats at 9:15 P.M.

Respectfully submitted,

Mary Helen Shannon, Town Clerk