August 7, 2006


The Clermont Town Board held its regular meeting on Monday, August 7, 2006.  Those present were Supervisor Banks, Councilman Harned, Councilwoman Lent, Councilman Staats and Councilman Nolan. Others present were Gary Beck, Paul Doherty, Elizabeth Maher, Judith Neary, Charles Larsen, Bruce Unson, Robert Desmond, Ray Tousey, George Davis, Patricia and Robin Daley, Rebecca Sethi, Dianne O'Neal, R. Quintera and Richard Roth of the Independent. 


Supervisor Banks opened the meeting with the salute to the flag.  A motion was made to accept the minutes as presented by Councilman Staats, seconded by Councilman Nolan.  All in favor.  So carried.  It was noted that the September Board meeting will be held on Tuesday, September 5th because of the Labor Day Holiday.


A motion was made by Councilwoman Lent, seconded by Councilman Harned to move $1000 from the Contingency in the General fund A-1990.4 to A1910.4 Unallocated Insurance to cover the cost of insurance for the Barbecue.  A resolution will be drawn up for signature next month. All in favor.  So carried.


Supervisor Banks also told the board that Superintendent Potts informed him that in order to pave all of Moore Road to the bridge it will likely put him over budget in that account by approximately $8000. The bill is expected next month.  There is $3500 available from CHIPS, which can be used.  Supervisor Banks will tell him to go ahead and pave to the bridge.   Also discussed the guardrails on the Moore Road Bridge, which was determined to be in Dutchess County and was the subject of a letter last month from Mel and Phyllis Heiko.  They are not rusted but treated with a substance, which gives the appearance of rusting.



1.      The Town Clerk responded to a FOIL request from Empire State Regional Council of Carpenters requesting to access the payrolls for 2005 regarding the Highway Garage Roof project.  There was no work performed on the highway garage roof and a letter was sent to that effect.

2.      Received three notices of public hearings from the Town of Red Hook.  All the hearings involve applicants seeking relief from the provisions of a local law regarding the moratorium on subdivisions within a proposed agricultural reserve district.  They are to be held on August 15 at 7:30, August 23 at 7:00 and September 5 at 7:00.

3.      Supervisor Banks reported that DEC has reviewed the site investigation work plan from C.T. Male Associates on the former twenty-acre Hettling property. DEC is requiring additional investigative tasks because it is uncomfortable with the history of the property and the intended use for recreation.  The increase costs would be $2l,500 which would increase the funds received from DEC to $131,500 and increase the towns costs by an additional $2,150.   After discussion a motion was made by Councilwoman Lent, seconded by Councilman Harned to increase the budget for the


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Environmental Restoration Project to reflect this increase of $2,150.  All in favor.  So carried.  Councilman Nolan noted that the cost is above what was originally

represented and that there is no clear cost report of where we are today.    Councilwoman Lent made a motion that Councilman Nolan be in charge of the cost accounting for the Brownfields account.  There was no second on this motion.

4.      Gary Beck of Z3 Consultants has requested the approval of Scenic Hill Drive for the name of the proposed road in the Madison Hills subdivision on Cemetery Road.  He has checked with the Highway Superintendent and Columbia County 911 and will check with the post office.  A motion was made by Councilman Nolan, seconded by Councilman Harned to approve the name of Scenic Hill Drive.  All in favor.  So carried. 

5.      Supervisor Banks read a letter from the NYS Association of Towns regarding method of calculating amount for towns to budget for association dues in 2007, which is based on town’s budget.  Our membership dues will be $500.

6.      Received estimated retirement billing from NYS Comptrollers office which is $9,941.00 due on 12/15/06.

7.      Read the Town Clerk’s report and received check in the amount of $1,378.88.  A motion was made to accept the report by Councilman Harned, seconded by Councilwoman Lent.  All in favor.  So carried.




·        Councilwoman Lent reported that the work on the Community House roof and siding is nearing completion and all scaffolding will be removed in time for the barbecue on August 12th.  She has received prices from Preservation Architecture on additional work for the Community House.  To remove existing kitchen floor and install a new sub floor and install sheets goods or commercial grade vinyl - $2400. Estimate to remove damaged bead board on the ceiling upstairs, mill new matching bead board, prime and install (four sides) $5400.  Also, three prices for West elevation roof drainage was submitted.  For new windows, a new request for a grant would have to be submitted by next May and planned in next year’s budget.

·        Discussed approving the resolution which was previously tabled on the town being responsible for the $2500 deductible if one of our officers or employees incurred defense costs due to a civil action, claim or proceeding brought against them pursuant to the Public Officers Law.  Our insurance covers the officers and or employees except for this deductible and without this resolution it would be the individuals expense.  This will be re-addressed at next months meeting. 



·        Councilman Harned reported that he is working with the NYS Association of Towns and our attorney to detach the Town Board from being Fire Commissioners.  Clermont is the only Town in the State, which still has their town board as fire


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commissioners.  They are researching how we go about doing this.  Will report at next meeting on progress.

·        Councilman Nolan found an article in the New York Times after our last meeting which reported on the baseline population projection and the decrease of non-Hispanic residents in areas of New York.

·        Councilman Harned reported that the website has not been updated with the most recent minutes but that it will be done.

·        Councilman Nolan presented a resolution in opposition to the DEC’s decision to approve the LaFarge tire burning application because of the impact that it will have upon our environment and our health.  Resolution #10-06 was approved on a motion made by Councilman Harned, seconded by Councilman Nolan.  All in favor.  So carried.

·        Councilman Nolan has spoken with the Livingston Supervisor on the impact of Red Wing’s proposed developments in Clermont and Livingston and working together with the Planning Boards and School Districts.  Councilman Nolan would like an affirmative opinion from the Town Boards to back up the Planning Board.  He has a proposed resolution; however, board members would like it reviewed by the Town Attorney prior to approving. 

·        The town board will hold a special meeting on Monday, August 21 at 7:00 P.M. to meet with the Hamlet Steering Committee on the study submitted by Behan Planning Associates.  Because there were few copies available for the public to review, it was suggested that the plan be posted on the website.

·        Councilman Nolan had brought up at the last meeting about streetlighting on the north end of County Route 6 at 9G.  This will have to go before the County Traffic Safety Committee.

·        Councilman Nolan also handed out several articles for review, New York Times Review of Columbia County; Times Union – Hoping to generate a clean energy windfall; Downzoning: Does It Protect Working Landscapes, etc.; Achieving Sensible Agricultural Zoning.

·        Councilman Nolan asked for a letter of support from the Town Board to Hamlet Steering Committee to continue studying and evaluating the Hamlets.  There is also a new grant cycle from Musser Fund for up to $25,000 with no matching funds with a deadline of September 5th.



·        Rebecca Sethi, Chairperson of the Hamlet Steering Committee, is preparing the final reports for the Musser Fund grant and the Greenway grant.  The committee would like to continue the work they have started but there is little time to submit for the next grant.  Robert Desmond asked if the board could give the okay for the grant.  As Supervisor Banks had to leave the meeting, the board could not go ahead and commit to another grant.  Councilman Nolan motioned that a letter could be composed, conditional on Supervisor Banks signature, for submission of the application to Musser for $25,000 grant.  There was no second to this motion.  The subject could be discussed at the special town board meeting on August 21 at 7:00 P.M.

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·        Charles Larsen reported that the Town Barbecue is to be held on Saturday, August 12 with grounds opening at 2:00 P.M.

·        Mr. Quintera brought up questions about the website and keeping it updated so that residents know what is going on in town and also about accounting of the town books.  George Davis echoed these issues.  Councilwoman Lent and Councilman Harned explained that the NYS Comptrollers office prescribes our accounting procedures and reviews them with periodic audits made by that department.  Also, a report on the Town’s finances is prepared by our auditors and sent to the State every year. 

·        Councilwoman Lent reported that the Zoning Review committee would meet again on September 19th.  They are discussing, among other things, the change to the Residential Agricultural zone from one acre to two acre. Bob Desmond suggested two-acre zoning in the Route 9 Corridor and the Nevis Hamlet. 


A motion was made by Councilman Staats, seconded by Councilman Nolan to approve Trust and Agency abstract #7, vouchers #13 & #14 for $190.00.  All in favor.  So carried.


A motion was made by Councilman Staats, seconded by Councilman Nolan to approve General abstract #8, Vouchers #194 - #226 in the amount of $37,168.53.  All in favor.  So carried.


A motion was made by Councilman Staats, seconded by Councilman Nolan to approve Highway abstract #8, vouchers #66 - #83 in the amount of $36,343.02.  All in favor.  So carried.


A motion was made to adjourn at 9:10 P.M. by Councilwoman Lent, seconded by Councilman Harned.  All in favor.  So carried.


Respectfully submitted,



Mary Helen Shannon

Town Clerk