CLERMONT TOWN BOARD
APRIL 2, 2008
PRESENT: Cailin Brennan, Associate Freeman-Howard
Supervisor Raymond Staats Mary Howell, County Historian
Councilwoman O’Neal Dan Wheeler, Town Engineer
Councilman Nolan Seventeen residents
Councilwoman Lent No reporter
Councilman Jones
Supervisor Staats opened the meeting with the salute to the flag. This meeting was rescheduled to this date
from the first Monday of the month due to scheduling conflicts.
MINUTES: Supervisor Staats asked for a motion to approve the minutes. Councilman Jones commended
the Town Clerk for a good job on the minutes. He noted one correction on page 3 – changing ‘contributed’
to ‘attributed’.
Councilman Nolan had a number of changes to the wording of the minutes based on his recollection. The
Clerk did not want to sign the minutes if they were changed so drastically as she felt they were no longer
her minutes.
An agreement was reached to add Councilman Nolan’s comments on the March meeting into April’s
minutes, as follows: Amended shown as underlined.
Page 1- 3rd paragraph – At the Town Board’s request, Rebecca Sethi, Chair of the Hamlet Steering
Committee brought in files from the committee. The Town Board has been contacted by the State in
connection with the Hudson Valley Greenway Grant for the Hamlet Steering Committee’s work. Greenway
reported that they had not yet received a voucher requesting funding for the completed work were also
completed and brought in for reimbursement of the $7500 spent by the Town on the Hamlet Plan. The
board thanked Ms.Sethi for the work that she did on the project. The State had informed the Board that a
new cover page signed by Supervisor Staats was necessary. The Clerk was requested to submit the voucher
and new cover page to Greenway to recover the unreleased funds from the Greenway Grant.
Page 1 – Committee Reports
2nd bullet – The Clerk did a breakdown of the oil and electric use over the last two years of all the town
buildings. Councilman Nolan looked at these in relation to a request by the Town to NYSERDA for an
Energy Audit of the Town’s existing buildings.
3rd Bullet – Councilman Nolan attended the Keep Farming meeting in Livingston. There may be an
expansion of the Clermont, Germantown and Livingston group to include Gallatin, Copake and Ancram
into the Southern Columbia area. The meeting was chaired by Virginia Kasinki, Director, Community
Based Programs, Glynwood Center, Cold Spring, New York. Present were Board members from
Livingston, Germantown and Clermont. Also present were representatives of Red Hook’s Keep Farming
group. They reported on the findings of their Keep Farming study. Ms. Kasinki reported that there would
be an expansion of the Keep Farming Southern Columbia area to include Red
Hook. She also suggested that the district could be increased to include Gallatin, Taghkanic, Ancram and
Copake. Mrs. Kasinki reported the Glynwood Center would
initiate the next phase of the project beginning on March 29th with a training workshop to be held at the
Germantown Activities Building.
Page 2 – Building Committee
Councilwoman O’Neal received approval from OPRHP to go ahead with a proposal for windows repairs in
the community house. They The Building Committee will prepare have to do a draft outline specifications.
Stacey Matson Zuvich sent a detailed description of what she needs in that specification. Councilwoman
O’Neal, Councilman Nolan, Supervisor Staats, Mrs. Neary, Mrs. Mahar and Ray Tousey met three weeks
ago with Marilyn Kaplan and discussed work by LaTorre Construction on the roof project, which the
Building Committee reported to Ms. Kaplan that the work had has not been satisfactorily completed. Ms.
Kaplan needs to look at the original scope of work to see if everything has been touched upon completed
per the contract scope of work. She (Councilwoman O’Neal) has not completed the building rules as of yet. Supervisor Staats does not see the need to hire Marilyn Kaplan on the window repair project. The
funds can be used for the actual work. All agreed with the exception of Councilwoman Lent. She feels we
need an historic architect to remain involved. Councilwoman O’Neal feels her plan will work.
Page 2 - 6th Paragraph – The DEC noted that written comments would be received through March 17th.
There is a sign up sheet if anyone wants to receive information. DEC will evaluate all comments received
and will select a final remedy. Councilman Nolan asked if the comment period can be extended beyond the
set date. DEC will can extend for a period of two weeks if the Town Board formally requests it; however,
Mr. Komoroski feels it would be better for the town to close the comment period by the end of March. He
also suggested that when the Town submits comments that it be followed with a letter to DEC requesting
additional appropriations to fund the remediation phase of the project.
Page 3 – last paragraph –
DEC response to Bob Desmond – You could use soil from the back as long as it meets standards and for
the most part it does meet the standards.
DEC response: Amendments have been added to the PRAP allowing flexibility.
DEC response: Yes but in all cases an environmental easement if required. Recreation would have to meet
requirements of restricted residential use.
Page 4 – Councilman Nolan asked whether this study sets a precedent in the town for any proposed
development on farmland.
DEC said they are involved only if they are called.
Page 5 – New Business –
Town Clerk verified that Resolutions numbers are correct at 42-08 and 43-08.
Page 5 – 5th bullet –
HIGHWAY GARAGE – Supervisor Staats reported that during the recent heavy rains, the Highway
Garage is leaking severely. Recently had the blower had to be replaced due to water damage. Something
has to be done to divert the water from the roof. Councilman Nolan would support a patch but stated that
we need to get a proposal for the new garage soon. Councilman Jones would like to have a citizens
committee along with the Highway Superintendent to decide what to do with the garage with the
Superintendent. Councilwoman Lent said that the Highway Superintendent has provided a design prepared
by Dan Wheeler’s office. Councilman Nolan would support a subcommittee to push this through but states
that we must have an engineer involved. He further stated again that the cost of these engineering services
would exceed the limits within the Town’s procurement policy and that an RFP is necessary to get bids.
Councilwoman O’Neal noted that she has found a grant, which pays for town garages.
Page 6 – Public Comment – 3rd bullet – add ‘ and believes that we will be able to continue to use that land
for parking purposes during Village Green events.
ACCEPTANCE OF MINUTES:
Councilman Jones motioned to accept the minutes with one correction, seconded by Councilwoman Lent.
All in favor. So carried.
RESIGNATION:
Supervisor Staats read the resignation letter from Linda Dousharm, Zoning Board of Appeals secretary, as
she is moving from the area. Chairman of the ZBA Charles Larsen introduced Marina Schmid of Cemetery
Road. She has worked for the Town of Fishkill in the building department and currently works for the Red
Hook Town Supervisor.
A motion was made by Councilman Nolan, seconded by Councilwoman Lent to appoint Marina Schmid as
Secretary of the Zoning Board of Appeals and send a letter to Linda Dousharm thanking her for serving as
the Secretary. All in favor. So carried.
Councilwoman Lent asked Charlie to get Linda’s new address so that we can send her check. Supervisor
Staats will check with the accountant to see if we can pay her now.
COUNTY HISTORIAN – Mary Howell
Ms. Howell is wondering how Clermont is doing with its history. Our Town Historian is Anne Poleschner,
and the Deputy Historians are Mary Louise Kalin and Gary DeLaurentis. Ms. Howell has items that Leona
Saulpagh gave to her and they are located at the History Barn in Livingston. She would like them picked
up and brought down here. There is a butcher block, which goes back seven generations in the George
Saulpaugh family. There is also an early slide projector with miniature slides for children and a number of
items, which can be copied. Councilwoman O’Neal noted that there is a historical, building and archive
committee to find a way to store items properly and safely. She asked Ms. Howell if she would be able to
attend the committee meeting.
Ms. Howell will be happy to work with the committee, and that if we ever have the chance to work with
Marilyn Kaplan, she is very knowledgeable.
Supervisor Staats explained the purpose of the Public Hearing on Local Law Number 2 of 2008.
MOTION: A motion was made by Councilman Jones, seconded by Councilwoman O’Neal to open the
public hearing on Local Law Number 2 - 2008
PUBLIC HEARING – LOCAL LAW NUMBER 2 OF 2008
The Clerk read Local Law Number 2 of 2008 which is a local law repealing Local Law Number 1 of 2001
which modifies the hearing date of the Board of Assessment Review (BAR) of the Town of Clermont.
Pursuant to the repeal of Local Law Number 1 0f 2001, the Board of Assessment Review shall meet upon
the date(s) required by the applicable provisions of 512 of the New York State Real Property Tax Law. A
complete copy of the Local Law is on file and attached. There were no questions by anyone present.
MOTION: A motion was made by Councilman Nolan, seconded by Councilwoman O’Neal to close the
public hearing.
MOTION: A motion was made by Councilwoman Lent, seconded by Councilman Jones to accept the
Local Law Number 2 of 2008 as presented. A roll call vote was as follows:
Councilwoman O’Neal – aye; Councilman Jones – aye; Councilwoman Lent – aye; Councilman Nolan –
aye; Supervisor Staats – aye. All in favor. So carried.
Robert Desmond stated that Grievance Day would be held on Tuesday, May 27, 2008 from 3:00 P.M to
5:00 P.M. and 6:00 P.M. to 8:00 P.M.
CORRESPONDENCE:
1. Town Clerk’s Report – General fund check in the amount of $1556.23, other checks to Columbia
County Treasurer for Dog licenses $15.27, Columbia County Treasurer for Solid Waste Fees - $18.50,
NYS Dept. of Agriculture & Markets- $6.00, NYS Dept. of Health - $22.50.
2. Received $7500 check from Hudson Valley Greenway for completed grant.
3. Signed an agreement with Germantown Park Commission for the use of the park program for 2008.
Bruce Unson asked if there is ever a count of those from Clermont
who attend the programs. Supervisor Staats noted there are a fair number that attend but we don’t get a
count.
4. NYSDOS Training – April 29, 2008 at CGCC on ABC’s of SUP’s and Zoning Board of Appeals
Overview, April 30, 2008 at Emergency Operations and Training Center in Cairo on Freedom of
Information Law/Open Meetings Law and SEQRA Basics. Sponsored by Columbia and Greene
County Planning Boards.
5. Land Use Law Center training programs on May 2, 16 and 30, June 6 on creation of workforce
housing. May 31, 2008 at CGCC for all planning, zoning and legislative board members.
6. Supervisor Staats commented on Letter to Editor in the Register Star and Independent from a resident
and his response on the March 10th scheduled workshop. Motions were made at the workshop, which
should not have been made. The discussions at the meeting were follow-up and informational research
and did not require motions.
RESOLUTION #44-08
Resolution congratulating Joan K. Davidson on her recent appointment by the Governor of New York State
to the position of Executive Director of the Hudson Fulton Champlain 400th Anniversary Celebration and
pledging to work in concert with her efforts to celebrate the 400th Anniversary of Henry Hudson’s voyage
PAGE 4 CLERMONT TOWN BOARD APRIL 2, 2008
up the River that now bears his name, the 400th Anniversary of Samuel Champlains voyage on the Hudson
River and the 200th Anniversary of Robert Fultons North River Steamboat’s First Voyage on the Hudson
River.
A motion was made to approve by Councilman Nolan, seconded by Councilwoman O’Neal. Roll call vote
as follows: O’Neal-aye, Jones-aye, Lent-aye, Nolan-aye, Staats-aye. No nays. So carried.
RESOLUTION #45-08 - Motion proposed by Councilman Nolan, seconded by Councilwoman Lent.
Whereas, the Town Board desires to move forward with a certain grant application for window restoration
and rehabilitation at the Clermont Academy; and
Whereas, in connection with the receipt of prior grants from the New York State Office of Parks,
Restoration and Historic Preservation (“OPRHP”) certain materials were utilized by the Town of Clermont
which demonstrated the Town of Clermont’s ownership of the Clermont Academy, and
Whereas, in connection with the present grant application for window restoration and rehabilitation, a
request has been made by the New York State Office of Parks, Recreation and Historic Preservation
(“OPRHP”) that the Town of Clermont provide an affidavit as to the Town’s continued ownership of the
Clermont Academy, and
Whereas, the Town Board further desires to address any possible inconsistencies in the abstract of title
related to the Clermont Academy,
Now, therefore, be it resolved that Raymond Staats, as Supervisor of the Town of Clermont, is hereby
authorized to execute an affidavit confirming that the Town of Clermont has continued its’ownership and
possession of the The Clermont Academy in the same form and manner since the execution of a Covenant
with the State of New York Office of Parks, Recreation and Historic Preservation on July 7, 2003; and
Be it further resolved that Raymond Staats shall be authorized to accept, on behalf of the Town of
Clermont, a quitclaim deed from the remaining representatives of the Clermont Academy should it be
deemed appropriate and necessary to address any inconsistencies in the abstract of title to said premises.
Roll call vote was as follows: O’Neal-aye, Jones- aye, Lent-aye, Nolan-aye, Staats-aye. No nays. So
carried.
RESOLUTION #46-08 - Motion proposed by Councilman Nolan, seconded by Councilwoman Lent.
Whereas, the Town Board desires to move forward with a certain grant application for window restoration
and rehabilitation at the Clermont Academy; and
Whereas, in connection with said application a request has been made by the New York State Office of
Parks, Recreation and Historic Preservation (“OPRHP”) that the Town of Clermont formally resolve to
grant a member of the Town Board with authority to execute necessary written materials in connection with
said grant application and during the course of said restoration and rehabilitation project; and
Whereas, the Town Board recognizes that there may exist other instances where it may become necessary
for certain legal documents to be executed on behalf of the Town of Clermont,
Now, therefore, be it resolved that Raymond Staats, as Supervisor of the Town of Clermont, is hereby
authorized to sign legal documents on behalf of the Town of Clermont.
Roll call vote as follows: O’Neal-aye, Jones-aye, Lent-aye, Nolan-aye, Staats-aye. No nays. So carried.
RESOLUTION #47-08 – Motion proposed by Councilman Nolan, seconded by Councilwoman O’ Neal.
Enacting Local Law Number 2-2008, which repeals Local Law Number 1 0f 2001 and returns the
Grievance Day for the hearing of complaints related to real property tax assessments by the Board of
Assessment Review (BAR) to the date specified in 512 of the Real Property Tax Law. All in favor. So
carried.
Copies of the aforementioned Resolutions are on file and attached.
COMMITTEE REPORTS:
INSURANCE: Councilwoman Lent reported that NYMIR evaluated all the buildings for insurance
purposes.
MEMORIAL BENCHES: Town resident Joan DeLaurentis would like to donate two benches in
memory of her husband Don, who served as a Town Assessor and Assessors Clerk and daughter Gail Fenn. The benches would have plaques on them. There was discussion on where to place them and
how to secure them.
MEMORIAL: Town resident Alberta Staats said that Barbara Moore would like to have something in
memory of husband Floyd Moore.
BERKSHIRE TACONIC COMMUNITY FOUNDATION GRANT: Councilwoman Lent has
submitted a grant application to the Berkshire Taconic Community Foundation for arts and education.
They do give out funds for communications and she applied for a high band and low band radios in the
amount of $1000.00.
HIGHWAY GARAGE: Councilman Jones would like a committee appointed to pursue a new
Highway garage for the Town. He proposed a public hearing at next months meeting. Councilman
Jones has also spoken to officials in Florida regarding recreational equipment for parks and they would
be willing to let us piggyback on their bids to suppliers. Councilman Nolan agrees that the
development of the Highway garage plans does need its own committee.
ENERGY AUDIT: Councilman Nolan reported that Patrice Courtney Strong of NYSERDA is working
up a proposal for an energy audit. She will need the square footage of buildings to determine usage.
Discussion followed on the heating costs of the buildings. A motion was made by Councilman Jones,
seconded by Councilman Nolan to install a programmable thermostat with a lock in the Community
House. All in favor. So carried. The Town Clerk reported that there was a call from the Canaan
Fellowship to her home on Sunday that there was no heat in the Community House. A service call was
put in to Main Care.
KEEP FARMING: Councilman Nolan reported on the Keep Farming Meeting in Germantown with
Glynwood Center on March 29th and presentation by Phil Gotwald of Maryland on Phase II - training
and the market trends. He and Supervisor Staats attended. There was discussion on reports generated
by the various committees that former Chairwoman Judy Neary has not been able to get returned from
Ms. Kasinski from last year’s program. There were also overlay maps made by the Soil and Water
Conservation Agency which should come back to the Town. Also, these reports were to be posted on
their website and linked to our website and have not been.
There is no further meeting scheduled. Questions were raised if this next phase is piggybacking off of
our money, but Councilman Nolan stated that the money is coming from other sources.
EMERGENCY PREPAREDNESS PLAN: Councilwoman O’Neal and Ruth Hammer have completed
the first edit of the EPP. A copy will be circulated based on circulation list. The draft represents the
overall general plan but we may want to consider how to stage different levels and types of response.
Any responses should be in writing to the Town Clerk by May 1st. Suggested appointing a committee
for more specific recommendations.
BUILDING AND GROUNDS: Supervisor Staats and Councilwoman O’Neal met with Marilyn
Kaplan regarding scope of work contracted with LaTorre Construction for Community House. LaTorre
Construction has agreed to complete almost all work with the exception of paint failure that had to do
with earlier paint jobs. Gutters were not in the original scope, and part of the issue relates to gutters
and must be dealt with. We need an estimate for a gutter for the west side, and one that will match the
front gutter. It was suggested to use a half round galvanized gutter as opposed to lead coated copper.
Received two quotes:
La Torre Construction - $1980.00 Gutter Work and rear fascia board – west
$ 580.00 North gable fascia board
Residential Renovations - $1830.00 Gutter work and fascia board – west
$ 385.00 North gable fascia board
Also discussed certification of bidders to work on historical buildings and insurance coverage. A list
will be provided by bidders of similar projects and qualifications.
WINDOW PROPOSAL: Councilwoman O’Neal reported that the window proposal for the
Community House was approved by the State. The resolution previously passed gives authority to the
Supervisor to execute an affidavit confirming that the Town has continued its’ ownership and
possession of the Community House. Cailin Brennan reported that Andy Howard has done a title
search, and the thought is that the Town does not own the building. However, a number of deeds,
which were on file at the Town Hall, just came to light. If a deed cannot be found a quit claim deed
will have be filed.
Councilwoman O’Neal asked if we should run the ad for the bids on windows.
Councilman Nolan believes there should be a walk through for bidders. Councilwoman Lent asked if
there is a budget for the project and committee minutes. The grant amount is $14,400.00. Discussed
costs of custom installation, abatement of lead paint and disclosure of same. Councilwoman Lent will
review the latest scope of work and will comment by week’s end.
Judy Neary commented that we now have no specific costs for the windows, when Councilwoman
Lent had estimated $160.00 for upper and lower, and was criticized as
being too high. She believes a public apology is owed to Councilwoman Lent. Councilwoman Lent
suggested when going out to bid, it should be as an incremental project with alternatives so that the
bids stay under $20,000. Using the criteria of which windows are most in need of repair.
OLD BUSINESS:
CANAAN FELLOWSHIP: The Lease for the use of the Community House by the Canaan Fellowship
has been amended by our Attorney Andy Howard. Councilman Jones suggested increasing the lease
amount to $1000 per quarter from this point. A motion was made by Councilman Nolan, seconded by
Councilman Jones to accept the lease as drafted by the Town Attorney and increase the lease amount
to $1000.00 per quarter. All in favor. So carried. A letter will be written to Canaan Fellowship. A
resolution will be prepared for next month.
EASTER EGG HUNT: Supervisor Staats thanked the committee for all their work. Many town
residents attended.
DEC UPDATE: Comments for PRAP were sent to DEC by our Attorney on March 17, 2008. A copy
is on file at the Town Clerk’s Office.
BANK ACCOUNTS: Supervisor Staats has closed the accounts at Bank of America and consolidated
accounts at First Niagara.
NEW BUSINESS:
MONTHLY REPORTS: Supervisor Staats presented monthly Budget and Revenue Reports through
March 2008. Councilwoman Lent asked about copies of the Annual Report. He will check with
Accountant.
CLERMONT STATE PARK: The Sheep and Wool festival will be held on April 29th. The entrance
fee for use of the State Park has been waived; however, there will still be a fee for special events.
SECOND ELECTION DISTRICT: Resident Gregory Fingar has inquired about a second election
district for the Town, but Supervisor Staats has received a determination by David Cohen, Columbia
County Election Commissioner, that a second district cannot be added between February 20th and
December 1st in a calendar year ending in seven (7) pursuant to Election Law 4-100(5). The earliest
date will be December 10th, 2010. Supervisor Staats believes we will need a second district in the
future. Councilman Nolan noted that new election machines will be the issue in the near future.
EMAILS – Discussed email between board members and the filing of same.
COMMUNITY HOUSE: Discussed a new walkway and grading around building. Our highway
department could do a lot of the work but Superintendent Potts’ concern is drywell. There was
discussion about replacement if dry well was damaged during grading process. Councilman Nolan
would like a clear proposal, full scope of work, and whether or not there is a need for archeological
study. Councilwoman Lent would like this clarified at next months meeting.
TOWN ENGINEER: Dan Wheeler, in a letter to the Board on January 2, 2008, has been reviewing
our regulations and is suggesting coordination between Highway
Specs, Zoning Ordinance and Subdivision Regulations on issues of Cul-de-sacs length, Performance
Bonds, Sunset Provision, etc. He would like to study a number of things that are incorrect in all the
ordinances and summarize to the Board with
suggested resolutions to the problems. Councilman Jones suggested that towns are proposing no town
owned roads within a subdivision, to be maintained by the developer. Dan explained that in time, the
homeowners realize that they are paying taxes and maintenance, and they aren’t getting any services
for their tax dollars, and they come back to the Town for a solution. Councilman Jones also suggested
dry hydrants or ponds in major subdivisions. Fire Chief Saulpaugh pointed out that there
is a danger created with ponds in subdivisions. The Fire Company has pumper trucks, which carry
enough water, so that it usually isn’t a problem.
• HIGHWAY GARAGE: Our Town Attorney has gotten the okay from DEC to separate the location of
the Highway Garage from the twenty acres and is preparing a subdivision application to the Planning
Board. A survey will be done by George Ihlenberg. Councilman Nolan has concerns about keeping
within the procurement policy limits. He believes a plan needs to be developed by the Land Use
Committee for how all uses on the land inter-relate. Supervisor Staats stated that we need to put the
garage in and design around the garage. A special meeting will be held on Tuesday, April 15th at 7:30
P.M. to discuss all town issues. Resident Bob Desmond suggested having Highway Superintendent
Jim Potts and our town engineer come in and discuss the garage.
SUPERVISORS REPORT:
Real Property Tax: The County is receiving a $25,000 grant to look at countywide assessments rather
than individual assessments.
Computers: Clermont is receiving a new used computer.
911: The new center will be opening. Backup center is at 610 State Street.
ENVIRONMENTAL MANAGEMENT COUNCIL- Councilman Nolan reported the this County
committee deals with issues concerning air monitoring, water quality. The County is seeking members for
the committee from each town. If anyone is interested in being on the Council, please let the Town Clerk
know.
ABSTRACTS:
A motion was made by Councilman Nolan, seconded by Councilwoman Lent to approve General Fund
abstract #4 in the amount of $14,842.04. All in favor. So carried.
A motion was made by Councilman Nolan, seconded by Councilwoman Lent to approve Trust and Agency
abstract #4 in the amount of $749.10. All in favor. So carried.
A motion was made by Councilman Nolan, seconded by Councilwoman Lent to approve Highway abstract
#4 in the amount of $8,097.38. All in favor. So carried.
PUBLIC COMMENTS:
Bob Desmond
1- Private roads are a bad idea for Clermont because as Dan said, taxpayers are paying taxes for
maintenance, snow plowing and paying maintenance fees to developer.
2- Little League field and parking for Village Green BBQ – Will we be able to continue using these? The
town received a letter from J. Saulpaugh and she has requested that we provide her with insurance
information.
3- Provide a list of committees.
4- We did not elect our town board, to have a citizens committee do the work of the board. Supervisor
Staats is in favor of committees, but there will be no highway garage committee. All decisions will be
made by the Town Board and Highway Superintendent.
Dagmar Payne
This meeting was not posted on website. Will postings of meetings be timelier?
Elizabeth Mahar
She would like the Board to keep the town board meetings on Monday.
Alberta Staats - Commended all new elected officials for the work done.
Judy Neary
The letter to editor was business and not personal.
A motion was made to adjourn by Councilman Jones, seconded by Councilwoman O’Neal at 10:45 P.M.
Respectfully submitted,
Mary Helen Shannon, RMC
Town Clerk
Meeting: