Town Board Meeting - October

CLERMONT TOWN BOARD

OCTOBER 5, 2015

The Clermont Town Board held their regular meeting on Monday, October 5, 2015 at 7:00 P.M. at the Town Hall. Those in attendance were Supervisor Staats, Councilman Robert Desmond, Councilwoman Dawn Brownson, Councilman Evan Hempel and Councilman Kris Gildersleeve. Others present were Andy Howard, Town Attorney and eight residents.

Supervisor Staats opened the meeting with the salute to the flag.

　

TOWN OF CLERMONT

COLUMBIA COUNTY, NEW YORK

 

　

RESOLUTION NO. 44

 

At a regular meeting of the Town Board for the Town of Clermont, Columbia County, New York, duly held on the 5th day of October, 2015 at the Clermont Town Hall, Route 9, Clermont, New York, the following Resolution was proposed and seconded:

Resolution by: Dawn Brownson;

 

Seconded by: Robert Desmond.

 

WHEREAS, the Town of Clermont is the owner of a parcel of real property constituting approximately 26.1 acres of land that has been designated for municipal purposes ("subject premises"); and

WHEREAS, the Town of Clermont is a municipal corporation duly organized and existing pursuant to the laws of the State of New York, and having those powers set forth in Town Law Article 4 with regard to providing recreational opportunities for residents of the Town of Clermont in promotion of the general health, welfare and safety of its citizenry; and

WHEREAS, the Town of Clermont Town Board is the governing body of the Town of Clermont charged with executing and providing for the general health, welfare and safety of Town residents; and

WHEREAS, the Town of Clermont Highway Department is statutorily charged with the jurisdiction over Town Highways of the Town of Clermont and has exclusive jurisdiction over same; and

WHEREAS, the Town of Clermont Planning Board is an agency of the Town of Clermont, whose members are appointed by the Town Board, and which is responsible for overseeing land use regulation as specified in Article 16 of the Town Law; and

WHEREAS, the Town of Clermont Highway Department currently has a Highway Garage site on the subject premises, and;

WHEREAS, the Town of Clermont Highway Department is in need of an adequate storage facility in order to meet the needs of maintaining the public roadways of the Town of Clermont, and

WHEREAS, the Town of Clermont proposes to construct a Pole Barn on the subject premises to provide for the additional storage needed by the Town of Clermont Highway Department, and;

WHEREAS, pursuant to the decision of the New York Court of Appeals in the Matter of County of Monroe, 72 N.Y.2d 338 (1988), a "balancing of public interests" is required to determine whether and to what extent the Clermont Town Board is exempt from the zoning and land use regulatory approval from the Town of Clermont Planning Board; and

WHEREAS, the Town of Clermont Town Board held a public hearing on October 5, 2015 for the purpose of describing the project to be undertaken at the subject premises, conducting an analysis of the potential environmental impacts pursuant to SEQR, and having further inquiry and comment from the public on the Monroe inquiry being undertaken by the Town Board; and

WHEREAS, upon a review of the proposed construction of a Pole Barn on the subject premises, testimony at the public hearing, and a review of the project under SEQR, and after due deliberation thereon;

THEREFORE, BE IT RESOLVED, that the Clermont Town Board has analyzed, considered and discussed the following factors as set forth in the Matter of County of Monroe in relation to the construction of a Pole Barn storage facility on the subject premises, and the Town of Clermont’s land use regulations, and hereby finds as follows:

1. The nature and scope of the instrumentality seeking immunity.

(a) The Town of Clermont Town Board is the body primarily responsible for the legislative and executive functions of the Town of Clermont. The Town of Clermont Planning Board is an agency of the Town of Clermont, whose members are appointed by the Clermont Town Board. The two bodies are not of equivalent authority and status.

(b) This is only one factor to be considered and is not controlling.

2. The kind of function of land use involved and the extent of the public interest to be served.

(a) The construction of a Pole Barn in use as a storage facility for the Town of Clermont Highway Department is of a non-proprietary nature and will serve the public interest by ensuring the continued and improved maintenance of public roadways under the jurisdiction of the Town of Clermont Highway Department for the benefit of members of the public using said public roadways.

(b) The maintenance of public roadways under the jurisdiction of the Town Highway Department is a statutory governmental function.

3. The effect local land use regulation would have upon the enterprise concerned and the impact upon legitimate local interests.

(a) The work to be performed in constructing a Pole Barn for the Town of Clermont Highway Department will be of limited scope and impact upon the subject premises.

(b) The construction of a Pole Barn storage facility has been determined by the Clermont Town Board to have no significant adverse environmental impacts pursuant to the negative declaration under SEQR adopted by the Clermont Town Board on October 5, 2015.

(c) subjecting the siting and construction of a Pole Barn to an open ended site plan review by the Clermont Planning Board may unnecessarily delay the project and result in prohibitive cost increases.

4. Applicant’s legislative grant of authority.

(a) Article 4 of the Town Law authorizes the Town of Clermont to provide adequate facilities to the Town of Clermont Highway Department in aid of its responsibility to maintain those public roadways utilized by members of the general public which fall under the jurisdiction of the Town of Clernmont Highway Department.

(b) Article 7 of the Highway Law authorizes the Town Highway Superintendent and the Highway Department with jurisdiction over the care of the town highways and bridges or renewals thereof on said public roadways.

5. Alternate locations for the Highway Department storage facility in less restrictive zoning areas.

(a) there presently exists Town Highway Department facilities on the subject premises and same are permitted pursuant to the Town of Clernont Zoning Law.

(b) the subject premises are the most feasible location within the Town of Clermont and represent the most reasonable and efficient use of Town owned property in furtherance of the objectives of providing the Town of Clermont Highway Department with at a consolidated, central location within the Town.

(c) there are no feasible alternate locations, which meet the necessary objectives of the Town of Clermont Highway Department.

6. Alternate methods of providing the improvement.

(a) the creation of the Pole Barn storage facility represents the minimal infrastructure improvements necessary to promote increased use of the subject premises as a centralized highway department facility.

7. Intergovernmental participation in the project development process.

(a) The construction of the Pole Barn storage facility will be overseen by members of the Town Board of the Town of Clermont, its engineers and hired professionals.

8. Opportunity to be heard

(a) the Clermont Town Board gave legal notice of the Public Hearing to hear statements and gather evidence as to the interests of the Clermont Planning Board to exercise regulatory authority over this project as set forth in Matter of County of Monroe and to provide an opportunity for public input.

(b) on October 5, 2015, the Clermont Town Board held a public hearing at which time public comment was taken.

AND BE IT FURTHER RESOLVED, that for the reasons and on the basis of the findings set forth herein, the construction of a Pole Barn storage facility on the subject premises is not subject to site plan review by the Town of Clermont Planning Board, or any other agency of the Town of Clermont;

Upon calling the question of the foregoing Resolution, the following Board members voted "Aye" in favor of the Resolution:

Robert Desmond;

 

Dawn Brownson;

 

Evan Hempel;

 

Kris Gildersleeve; and

 

Raymond Staats.

 

The following Board members voted "No" in opposition

 

thereto:

_________________________________________; and

 

_________________________________________.

 

 

The Resolution having been approved by a majority of the Town Board, the same was declared duly adopted by the Supervisor of the Town of Clermont

 

　

Dated: October 5, 2015 ____________________________ Mary Shannon, Town Clerk

Town of Clermont

 

A motion was made by Councilwoman Brownson to approve Resolution #44 of 2015, seconded by Councilman Desmond. All in favor. So carried.

Supervisor Staats asked if there were any legal questions for Andy Howard, Town Attorney.

Anthony Finta asked if the parking area would be a paved surface or gravel?

Supervisor Staats explained that this would have to be a change in the plan with DEC, so we are going to proceed with the pavement. We have had discussions on this and have spoken to some residents who oppose it. The general consensus that Supervisor Staats has heard is that it is easier to maintain, there is no dust with pavement. It seems the most logical choice for the driveway and a parking lot is to use pavement. Councilman Gildersleeve said that we have had discussions on this and he is in favor of pavement because the overwhelming benefit is to have pavement, and as Supervisor Staats said it is already in the plan.

Sarah Takas asked if the board can you speak of the cost and upkeep of all this. The Supervisor said that we are still waiting for the complete final bid package from DEC. The overall cost was estimated to be $500,000 to $600,000. We are responsible for 10% of the cost. Councilman Desmond said that we are using material from the site, which brings the total cost down.

Sarah Takas asked when you are moving soil, how is it determined what is safe and what is not. Supervisor Staats responded that there is data on the soil and it has all been tested. It was retested this year and determined it was okay. It is the front seven acres, which is contaminated; the remaining acres are acceptable.

Maura DeKaser asked how many trees would be removed and will they level the hill. Supervisor Staats said that they would only remove the trees that are necessary and taper it down to a slope. She asked again if the soil is okay. It has been tested two times.

Ms. Shute asked how this came to be under the Matter of Monroe. She has read the case law. Andy Howard explained that the use is being overseen by the Town Board, pursuant to the remediation, and the use that is being proposed is of a non-propriety nature. When the town board analyzed the factors, last month, with passing the resolution, it was determined that this was a legitimate town governmental exercise, which did not need to be agreed by the planning board.

Maura Dekaser asked if Southern Columbia League would they have priority and be deciding the use of the field. Supervisor Staats said they would not have priority but would schedule the games. They contribute a lot of time, money and resources, as they have done with the Little League Field. Councilwoman Brownson’s response was that they would schedule with the teams for the use of the field, the town would have overall supervision.

Anthony Finta asked if a park is in the spirit of the Matter of Monroe.

Andy Howard explained that when you look at the other construction activities it is on par. The residents of the town have a direct line to the town board about the use of the park and you have engaged in that. In terms of the use, this is not an opportunity that the town is looking to lease out the land. It follows what is a customary historic government function that towns engage in. It is essential to the towns, which budget for it and oversee it. Mr. Finta said that under the Matter of Monroe that towns may still wish to comply with the planning/zoning process. Mr. Finta said he doesn’t feel that there is communication in the planning process. Andy Howard said that is the discretion of the town board whether to exercise that.

That is what is the matter of Monroe, which was the public hearing to take comments. They ultimately made the determination last month.

Councilman Desmond said we have been taking comments from the public hearing and the prior month and it was from those comments that the board decided to move the parking lot back and the driveway away from the northern property line. Mr. Finta asked why the board didn’t have drawings that showed what was going to happen. Councilman Gildersleeve said we have been discussing this and these are open meetings, which can be watched on video or attended by anyone.

Supervisor Staats said that this has been part of this remediation project and we would like to have a committee to work with the board going forward. Maura DeKayser asked what would be left. There are walking trails, gardens, plantings, playgrounds, soccer fields or anything else that may be wanted.

Councilman Desmond commented on the work that we have been doing for five or six years since moving the Little League field to County Route 6, and how all have been pleased with the progress. Mr. Finta said that all of a sudden you are building a ballfield or maybe a ballfield. He asks these questions but never sees where it is written down.

Councilman Desmond said the ballfield has been in the plan since the meeting with DEC in February or March. Supervisor Staats asked what is the relevance of Mr. Finta statements. Mr. Finta asked if the town is proceeding legally. Andy Howard said that you have followed through with analysis of Monroe a month ago, you exercised your discretion to not have this go through the planning board, you continue to work with DEC within there parameters in the Record of Decision and follow the remediation requirements under the dictates of DEC.

Supervisor Staats has spoken to DEC Director of Division 4 and Congressman Gibsons office regarding questions from residents and explained the process we have gone through. The concerns have been addressed by DEC, Congressman Gibson office, our Attorney and the Town Board. We have been working on this for several months and he is sorry if people do not agree and don’t like the idea of a softball field.

Mr. Finta asked if there is a CPP on the site, Citizens Participation Plan.

DEC has never mentioned that we need this but Supervisor Staats will look into this.

Ms. Shute asked if what would be the problem in waiting because there is such concern from the neighbors for a more comprehensive plan. Supervisor Staats said there would be a cost for the town if we waited because we would have to excavate the fill out and put down the clay. She feels that the neighbors haven’t been included on the decision for a softball field. Councilman Gildersleeve asked if this opposition is about the ballfield or the entire project. Mr. Finta said it is not to the remediation.

　

Sarah Takas said that people have not had the opportunity to make the decision.

Councilman Desmond stated that the original survey did state that people wanted recreation in the town. He feels that it is the board’s responsibility to do what is best for the town and he feels that it is the right thing to put a softball field there.

Supervisor Staats showed the Germantown ball fields are in poor condition. Mr. Finta said that the current field is in poor condition but this is the end of the season.

Supervisor Staats does not understand the few people that do not want recreation. He disagrees with these comments because this is for the kids to be able to get out and excercise.

Councilman Hempel has had a request from a couple about using the Community House two to three days per week for a pie baking business. They would bake on certain days and pick up the product for the customers. They would anticipate using cabinet space, refrigerator and oven. They have to discuss with the Department of Health whether or not the Community House could be used. Our attorney did not think there was any strict reason for not leasing to a business. It would depend on what the board wants to do. There may be a special permit or use permit required for a business. He would have to research this. Mary Howard said that it may be that a bid proposal is necessary so that more than one person has an opportunity to bid on what he called a business incubator project. Supervisor Staats concerns are that the Village Green has purchased items that would be used, such as the stove. Councilwoman Brownson said that the Village Green is talking about funding renovation of the kitchen. What would be the town’s liability for their loss of product, if the refrigerator were to go out?

Councilman Hempel said that their plans are not fully worked out. Supervisor Staats said that it would be great to help a small business out but would like to have more information and seek legal guidance from there.

MINUTES:

A motion was made by Councilman Desmond, seconded by Councilman Gildersleeve to approve the minutes of the September 8, 2015 public hearing minutes. All in favor. So carried.

A motion was made to approve the minutes of the September 8, 2015 regular meeting by Councilman Desmond, seconded by Councilwoman Brownson. All in favor. So carried.

The Clerk had a few corrections to the budget workshop minutes as follows:

Page 51 – remove Home and Community Services, as there was no change.

Page 51 – State Retirement – change 15% to 14.3%

Page 53 – Improvements – remove ‘the use of equipment for’.

A motion was made to approve the minutes of the budget workshop held on September 15, 2015 as amended by Councilman Desmond, seconded by Councilman Gildersleeve.

All in favor. So carried.

TOWN CLERK’S REPORT: The Town Clerk presented the Supervisor with a check for the General Fund in the amount of $434.93 and for Trust & Agency in the amount of $675.00. A motion was made to approve the Town Clerk’s report for September by Councilman Desmond, seconded by Councilman Hempel. All in favor. So carried.

CORRESPONDENCE:

  • The Village Green Committee will be holding the Election Day Dinner on Tuesday, November 3 from 4:00 – 6:00 P.M. Eat in or take out ham dinner with sides and desserts. Tickets are $10.00, adults; $5.00 – 5-12 year old and 4 and under, free.
  • Supervisor Staats provided the Budget and Revenue reports through September 30, 2015.
  • Website: Post to website about the Village Green Committee meeting on October 12th at 7:00 to plan on the Election Day Dinner and recap the Village Green Community Day. Last month, Mary Howard suggested about the forms for the Planning/Zoning be in fillable PDF format.

COMMITTEE REPORTS:

  • COMMUNITY HOUSE: Councilman Desmond reported that Staats & Sons Enterprises has completed the work on the Community House. Ray Tousey asked if anyone has checked the cupola at the Community House for leaks? Supervisor Staats knows that it was resealed and caulked.
  • BUDGET: In the budget worksheet of the Highway, there was an addition error because the prep work for road repair was left off the worksheet.
  • DEC Remediation: Our engineer, George Schmitt, is expecting to get the survey from Arcadis in this next week. He will need that to finish the application for the driveway access.
  • Councilman Desmond brought in information about Monarch butterflies, as it was requested that there should a monarch sanctuary.
  • TAX COLLECTOR’S LAPTOP: Councilman Gildersleeve ordered and received a laptop for the Tax Collector. He is working with her to migrate the information from her old laptop. There is no charge from the program provider BAS to move the information over.
  • CLERMONT STEAMBOAT: Councilwoman Brownson reported that the 12 foot model of the Clermont Steamboat found a home at the Stewart House in Athens with the help of our Assessor, Cheryl Kaszluga. They will restore it and display it. There is another replica of the Clermont at the Community House, which needs some repair. Mary Howard said that there are grants that might cover that.

OLD BUSINESS:

  • The Mill Road turnaround has been completed and paved and the buses are using the turnaround.
  • DEC UPDATE: We are waiting for the final draft from the surveyors, Arcadis and to get the final bids for the project from DEC.

NEW BUSINESS:

  • Supervisor Staats has received bids on the Highway shed:

B/T General Contractors - $23,000.00 Labor and materials

Staats & Sons Enterprises - $30,000.00 Labor and materials

Option #2 with corrugated siding

B/T General Contractors, Inc. $19,300.00

Staats & Sons Enterprises $18,400.00

The towns cost for concrete, overhead door and material for the shell is $12,200.00. The highway department will be doing the shell of the construction of the shed. The bidding is for setting the trusses and the metal for the roofing. The budget for this project is $30,000.

Councilman Gildersleeve asked the difference in the siding. The corrugated panels have a ridge every nine inches. Supervisor Staats is not opposed to using the corrugated panels.

Councilman Hempel said we already have that type of panel in use.

Supervisor Staats will confirm these quotes with the contractors.

Councilman Desmond asked if it would make sense to approve the project or ask our engineer which would be the better siding to use.

Councilwoman Brownson feels confident on having the highway personnel do the work.

Councilman Gildersleeve agrees.

A motion was made to approve the project by Councilman Desmond, seconded by Councilwoman Brownson. All in favor. So carried.

  • RESOLUTION NO. 45 OF 2015:

Transfer of funds to balance the reimbursement of State Aid CHIPS – DA3501 $6,854.00 with Improvements (CHIPS reimbursed) DA5112.32c $6,854.00. A motion was made by Councilman Desmond to approve resolution #45 of 2015, seconded by Councilman Hempel. All in favor. So carried.

  • A Budget Workshop will be held on Wednesday, October 21 at 6:00 P.M.

The tentative budget is showing no increase for 2016.

SUPERVISORS REPORT:

  • COUNTY BUDGET: There are funds in the Highway Department budget to complete paving on Hover Avenue.
  • PINE HAVEN HOME: The sale is pending and in the process of being finalized.
  • AUDIT: The County has been doing well with finances. Supervisor Staats will be pushing for no tax increases in next year’s budget.

ABSTRACTS:

A motion was made to approve Highway abstract #10, vouchers #110 – 125 in the amount of $7,376.48 by Councilman Gildersleeve, seconded by Councilman Hempel. All in favor. So carried.

A motion was made to approve General abstract #10, vouchers #248-279 in the amount of $16,374.25 by Councilwoman Brownson, seconded by Councilman Desmond. All in favor. So carried.

A motion was made to approve Trust & Agency abstract #8, vouchers #45 – 49 in the amount of $1,256.10 by Councilman Desmond, seconded by Councilwoman Brownson. All in favor. So carried.

PUBLIC COMMENT:

  • Ms. Earle asked about a survey about Broadband service, which is on the website. The Supervisor said that this has not been concluded at this time with the County. He will let residents know when it is.
  • Misbehaven Fireworks Corp. dropped off an application for the ZEO for a fireworks display at a resident’s property in Clermont. The fire department is aware of this.
  • Councilwoman Brownson noted that the County Board of Elections website has forms for registration to vote.
  • Councilman Hempel also said that if you want to change your party designation it must be done by October 9th for the presidential election.

A motion was made to adjourn at 8:25 P.M. by Councilman Gildersleeve, seconded by Councilman Hempel.

Respectfully submitted,

Mary Helen Shannon, RMC

Town Clerk

　

　

　

　

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