TOWN OF CLERMONT
FEBRUARY 1, 2010
The Clermont Town Board held its regular meeting on Monday, February 1, 2010 at 7:00 P.M. at the Town Hall. Those in attendance were Supervisor Staats, Councilwoman O’Neal, Councilman Desmond, Councilman Jones and Councilwoman Moore. Others present were Town Engineer Raymond Jurkowski, Town Attorney Andy Howard, William Cole and eight residents. Supervisor Staats opened the meeting with the salute to the flag.
MINUTES:
A motion was made to approve the minutes of the December 29, 2009 year-end meeting by Councilwoman O’Neal, seconded by Councilman Jones. All in favor. So carried.
A motion was made to approve the Organizational Meeting minutes of January 4, 2010 by Councilwoman O’Neal, seconded by Councilwoman Moore. All in favor. So carried.
A motion was made to approve the minutes of the regular meeting held on January 4, 2010 by Councilwoman O’Neal, seconded by Councilman Jones. All in favor. So carried.
A motion was made to approve the minutes of the January 16, 2010 Review of the Books of the Supervisor, Town Clerk, Tax Collector and Judges Banks and Christensen and review of the Emergency Preparedness Plan, Investment Policy, Sexual Harassment Policy, Cash Management Policy, Highway Personnel Policy, Code of Ethics and Procurement Policy by Councilwoman O’Neal, seconded by Councilman Desmond. All in favor. So carried.
CORRESPONDENCE:
- Town Clerk’s Report: The Town Clerk read the report for January 2010. A check in the amount of $1,598.18 for the General fund and a check in the amount of $100.00 for the Trust and Agency, Parkland Reserve was presented to the Supervisor. A motion was made to approve the Town Clerk’s report by Councilwoman Moore, seconded by Councilman Jones. All in favor. So carried.
- The Clerk read a letter from Building Inspector/Zoning Enforcement Officer John Fieser requesting that the adopted Local Laws of 2009 be incorporated into the Zoning Ordinance so that there is a complete, authorized working copy of the ordinance.
- The Clerk read the Building Inspector’s report for activity in 2009 as follows:
Total Building Permits issued 38
Single Family Homes 4
Four family apartment l
Alterations 2
Office building l
Sheds/Barns/Garages 5
Misc. fence, decks, additions, etc. 9
Certificates of Occupancy Searches 45
Remedy Orders l
Freedom of Information Requests 2
Courtesy Respond Letters 4
Site visits regarding zoning/building issues Many
Audit meetings 3
Councilwoman O’Neal asked our attorney about integrating the local laws into the zoning. Mr. Howard recommends that this is done and he will be able to do it because in the recent update of the zoning, sections have been created. Supervisor Staats suggested that Councilman Desmond work with Mr. Howard on this. Councilman Desmond also asked if an index of major planning terms could be developed. Mr. Howard believes he may have a program, which can do this.
- The U.S. Census Bureau will begin collecting data in the area. There will be a test given at the Town Hall on Monday, February 22nd at 7:00 P.M. for anyone interested in being a census taker. The hourly rate is from $14.00 to $18.00 per hour. A sample of the test and information is available at the Town Hall.
- The Town Clerk advised the Board that there have been several requests for use of the Community House for various events. The Hall is reserved for Saturday, February 12 and 20th, Saturday, March 13th and 27th and Saturday, May 1, 2010. The Town Hall will not be available for Monday, February 22nd for the Census testing from 6:30 P.M. to 8:00 P.M.
- Supervisor Staats has written thank you letters to our Highway Department for the work that they have done on the Garage project and to the Livingston and Germantown Highway departments for their help.
OLD BUSINESS:
GARAGE PROJECT:
Town Engineer Raymond Jurkowski reported that the final payment is being made to William Cole of B/T General Contractor in the amount of $6000.00. There was a credit of $500.00 for chimney work that had to be done. Mr. Cole has provided a one-year warrantee from January 15, 2010 for labor on the work that was done and he thanked the Town for this opportunity. Mr. Jurkowski thanked Mr. Cole for the good job that he did. The project construction costs to date are $195,462.15 and anticipated additional costs will bring this to $197,912.15. This is well under the budgeted amount of $235,000.00 for the project. Supervisor Staats thanked both Mr. Cole for the work done and Mr. Jurkowski for the budgeting of the project. Councilman Jones would like to re-evaluate the apron around the salt shed this spring in order to minimize runoff.
REVIEW OF POLICIES:
At the January 16th review of Town Policies there were suggestions to make changes in the Procurement, Highway Personnel policies and create a Cash Management policy.
- PROCUREMENT POLICY: Town Attorney Andy Howard has updated the Procurement Policy due to changes made by the State. The threshold for competitive bidding was increased from $25,000.00 to $35,000.00 for public works projects and all purchases for public works projects over $10,000.00 shall be put out to bid.
- CASH MANAGEMENT POLICY: A Cash Management Policy was created to memorialize what the town has been doing and Town Law Section 118, which requires adopting internal policies governing cash management procedures and policies for expenditures. The guidelines require all claims be made via a voucher and submitted to the Town Board for review and audited at the monthly meeting. It also allows exception for payment of public utilities, such as, electric, gas, water, sewer, fuel oil and telephone/internet, postage, freight and express charges prior to a town board meeting, but must be approved at the next regular meeting.
- HIGHWAY PERSONNEL POLICY: A section on Compensatory Time was added to the Highway Personnel policy to allow, at the option of the employee, to accrue up to a maximum of forty (40) hours per calendar year of compensatory time in lieu of paid overtime. The section on Sick Days was changed to allow an individual to carry over up to thirty (30) days from calendar year to calendar year. Upon termination, there will be no payment for unused or accumulated sick days. It was noted that there were corrections in that paragraph changing six to sick. Also, the stipend for the Deputy Highway Superintendent was incorrect at $500.00 per year and should be $1000.00, paid half in June and half in December.
- SEXUAL HARASSMENT POLICY: Councilman Desmond suggested changing the fifth paragraph to designate the Supervisor and Town Clerk both to accept a complaint.
- INVESTMENT POLICY: Councilman Desmond suggested eliminating 1C – Obligations of the US Government or the State of New York and 1D – repurchase agreements involving the purchase and sale of direct obligations of the US. Andy Howard suggested that this would not preclude the town from collectively agreeing to do this in the future.
- CODE OF ETHICS: There were no suggested changes.
A motion was made to approve the policies with changes by Councilman Desmond, seconded by Councilwoman O’Neal. All in favor. So carried.
- LOCAL LAW NO. 1 OF 2010: Fee Schedule for Zoning and Planning Matters
Fees for the newly adopted regulations for Accessory Apartment Special Use Permit of $150.00, Planned Residential Development Special Use Permit of $150.00, Small Wind Conversion System Special Use Permit of $150.00 and Solar Energy Equipment Special Use Permit of $150.00 were added to the present fee schedule. It was suggested to add the zoning board of appeals to the escrow for engineering/attorney reviews. Councilman Desmond questioned whether some of the fees should be increased and some decreased based on the amount of additional work, which may have to be done with an application. Councilman Desmond also would like to review the recreation fees for minor and major subdivisions. Supervisor Staats asked Councilman Desmond to come back to the board with recommendations for changes.
- CANAAN FELLOWSHIP LEASE: After review by the Board and Town Attorney, a motion was made by Councilman Jones, seconded by Councilwoman O’Neal to sign the lease with no changes from last year with the Canaan Fellowship for use of the Community House. All in favor. So carried.
- PINE PLAINS VETERINARY ASSOCIATES: After review by the Board and Town Attorney, a motion was made by Councilwoman O’Neal, seconded by Councilman Jones to approve entering into an agreement with Pine Plains Veterinary Associates for the harboring of dogs for the year January 1, 2010 to December 31, 2010. All in favor. So carried.
ENERGY CONSERVATION: Dagmar Payne reported that she and Councilwoman O’Neal have applied for a grant through NYSERDA for municipalities. This is through the American Recovery and Reinvestment Act. Each town can apply for up to $500,000.00 for as many projects, as long as it does not exceed $500,000.00. This grant is due by February 17th. They are requesting replacement thermal pane windows for the garage, storm windows and insulation for the Community House and Town Hall. This could also include new boilers and hot water heaters for the Community House and Town Hall. This grant requires 10% matching funds by the Town. The energy audit done on our buildings is still valid but needs to be updated for prevailing wage and products purchased must be made in the U.S. NYSERDA recommends registering with CCR or CRC or ICLEI which enables you to score points. Supervisor Staats asked if they consider how much you commit to matching funds as part of approval. Dagmar said they would not specify. She suggested trying to do projects that require no funding or very little. Councilman Desmond asked if the highway crew doing the windows would count as in-kind. There would have to be a prevailing wage subsidy document. Some projects can be self-implemented but not all. Supervisor Staats feels comfortable with the 10% matching funds. Councilman Desmond asked what we would get for registering in ICLEI. Dagmar explained that this would show that you are interested in energy conservation. Councilman Jones proposed proceeding with the projects, as he is comfortable with the list that Councilwoman O’Neal has prepared. Councilwoman O’Neal made the motion to proceed, seconded by Councilman Desmond. All in favor. So carried.
Councilman Jones made the motion to join ICLEI for $600.00, seconded by Councilwoman O’Neal. All in favor. So carried. There was further discussion on current streetlighting and including that in the project. Bram Moreinis asked if there was a benefit to joining with other towns. Dagmar explained that there would be no benefit in this case because we are not sharing any services with other towns. Dagmar Payne to pay for the membership and be reimbursed because it has to be done on-line, funds to come from unallocated insurance A1910.4.
COMMITTEE REPORTS:
- PLANNING AND LAND USE COMMITTEE: Councilwoman O’Neal and Councilman Desmond reported that the Planning and Land Use Committee will meet on Monday, February 22nd at 3:00 P.M. with Scenic Hudson. Because they hold conservation easements in town, they may be willing to assist in mapping and aerial surveys. This is a preliminary meeting for the committee to hear what they might offer.
- PUBLIC INFORMATION SESSION ON RE-EVALUATIONS: Councilman Desmond reminded everyone that there will be a public information session on Tuesday, February 16th at 7:00 P.M. on the re-evaluation with NYS Office of Real Property, Columbia County Real Property and Assessor. Impact statements will be mailed out on or about March 1st. Tentative assessment roll will be completed on or about May 1st.
- GRIEVANCE DAY: The Board of Assessment Review will hold Grievance Day on May 25th. Discussed the trends in home sales in the area, which has decreased 10% from the previous year.
- EMERGENCY PREPAREDNESS PLAN: Councilwoman Moore has been through the emergency preparedness plan. The update of all officials involved and volunteer list needs to be updated every year and she needs contact information for Devereaux sites. These lists will be appendixes to the plan rather than in the body of the plan.
- HIGHWAY PROJECT: Supervisor Staats reported that the highway crew is working on the office space and he thanked them for all the work they have done.
- REASSESSMENT MEETING: There will be a meeting with the Town Board at 6:00 P.M. and the public portion will be at 7:00 P.M. on Tuesday, February 16th with NYS ORPS, County Real Property
- AUDIT UPDATE: The risk assessment is done and the audit will be done in about one week. The auditor will meet with the Supervisor and Town Clerk sometime in February.
NEW BUSINESS:
APPOINTMENTS: Interviews were held on Saturday, January 16th for openings on the Planning Board, Zoning Board of Appeals and Board of Assessment Review. The Supervisor made the following appointments:
- Board of Assessment Review: Due to the resignation of Robert Desmond, recommended appointing Al Costello to the BAR to fill the unexpired term through September 30, 2010. A motion was made by Councilman Desmond, seconded by Councilwoman O’Neal to appoint Al Costello to the Board of Assessment Review to fill the unexpired term through September 30, 2010. All in favor. So carried.
- Zoning Board of Appeals: Due to the resignation of Robert Desmond, recommended appointing Chris Nolan to the Zoning Board of Appeals to fill the unexpired term through December 31, 2011. A motion was made by Councilwoman Moore, seconded by Councilman Desmond to appoint Chris Nolan to the Zoning Board of Appeals for the unexpired term through December 31, 2011. All in favor. So carried.
- Planning Board Alternate: There is a vacancy for an alternate on the Planning Board and a recommendation was made to appoint Scott Dow for a one-year term. A motion was made by Councilwoman Moore, seconded by Councilwoman O’Neal to appoint Scott Dow as alternate to the Planning Board for a one-year term. All in favor. So carried.
- Zoning Board Secretary: Marina Schmid has resigned from the position for personal reasons. Recommendation to appoint Tammy Connolly. A motion was made by Councilman Desmond, seconded by Councilman Jones to appoint Tammy Connolly as Zoning Board Secretary. All in favor. So carried.
SUPERVISORS REPORT:
- Pine Haven Committee: The Supervisor has been appointed to this committee due to expansion and construction this year on site.
- Buildings/Facilities Committee: A new addition was added to the public safety building for 911. There is a leak in the roof, which has gone on for too long. There was a meeting recently and it was concluded that they need to remove part of roof and redo it.
- Ockawamick: It has been talked about renovating part of the building for departments rather than all of it. It is a solution for departments who don’t have the foot traffic. They are going to try to keep Department of Social Services in the Hudson area.
- Assessments: Town or County consolidated services for assessing is still being discussed. Supervisor Staats does not see that it will be cost saving or make it a better function. It is projected that we will loose six assessors in the County with no replacements. Councilman Desmond stated that there is a push for consolidation, which isn’t always the best way to go. Supervisor Staats said that in some instances it might be all right but consolidating could cost more because we are a small town, with the lowest tax rate.
- Supervisor Roy Brown has been appointed the Chairman of the Board of Supervisors and he is doing a good job. Supervisor Staats has been appointed as Deputy Chairman for the Minority.
- Widewaters Pilot: Widewaters has proposed bringing Kohl’s Department Store into Greenport. They are seeking to pay vacant land tax for twenty years, rather than on developed land. Supervisor Staats will be attending this meeting.
- 4th Quarter Sales Tax was $56,812.66, an increase of $350.00 from last year. The 3rd quarter payment was $5.00 less than last year.
- Supervisor Staats thanked Ray Tousey for the pictures, which he took of the demolition and re-construction of the Highway Garage, as the work was taking place.
ABSTRACTS:
A motion was made to approve General Abstract #2, pages 1-3, vouchers #14 – 52 in the amount of $24,566.12 by Councilwoman O’Neal, seconded by Councilman Jones. All in favor. So carried.
A motion was made to approve Highway Abstract #2; page 1, vouchers #3-12 in the amount of $12,584.97 by Councilwoman O’Neal, seconded by Councilman Desmond. All in favor. So carried.
A motion was made to approve Capital Projects abstract #2, page 1, vouchers #3-6, in the amount of $9,268.34 by Councilwoman O’Neal, seconded by Councilman Desmond. All in favor. So carried.
PUBLIC COMMENT:
Bram Moreinis was at a conference where they talked about consolidation and they said if you get too large, you end up putting more into management and if you get too small there are things that you can’t do.
A motion was made to adjourn by Councilwoman O’Neal, seconded by Councilwoman Moore at 8:50 P.M.
Respectfully submitted,
Mary Helen Shannon, RMC
Town Clerk