CLERMONT TOWN BOARD MEETING
SEPTEMBER 2, 2008
The Clermont Town Board held its regular meeting on Tuesday, September 2, 2008 at 7:00 P.M .at the Town Hall. Those in attendance were Supervisor Staats, Councilman Jones, Councilwoman Lent and Councilman Nolan. Councilwoman O’Neal was absent.
Others present were Bruce Bohnsack, G-tel Telecommunications, Charles Larsen, Raymond Tousey, Judith Neary, Andrew Howard, Town Attorney; Robert Desmond. Dagmar Payne, Stephen Hammer, Bram Moreinis, Mel and Phyllis Heiko and Dennis Palazzo.
Supervisor Staats welcomed Bruce Bohnsack from G-tel Telecommunications. G-tel will be starting Monday to install “Fiber To the Home” in Clermont, the first in the County. Fiber optics is the way of the future. He showed a map of the 15 miles, Route 9 to Clermont Inn, Commons Road, Nevis Road to County Route 6, Pleasantvale Road area, that they would be doing first and hope to complete in 45 days. Once installation of the fiber optics is completed, it will then be brought into each home. They will be asking residents if there has been anything added underground in the last few years. The second phase will be started in 2009 with the completion in 2010. G-tel is also looking at new digital equipment, which he will present, in the next few months. Councilman Jones asked about having a link to the proposed highway garage, if it should be used for an emergency center. It can be arranged with G-tel, because they have a remote hub near that location. The nine remote hubs that G-tel has are connected with fiber optics and because of the way they are connected there should be no interruption in service ever. Councilman Nolan asked why they did not continue on Buckwheat Bridge Road. (Correction: Add to the County Coroners House) They have been looking at that and because there are only a few houses on the road, haven’t confirmed that they will go to the end. But they will look into that. Supervisor Staats asked if there would be any service disruption when switching over. Mr. Bohnsack doesn’t think it should be more than a few hours. They anticipate switching over to each residence will take the most time.
Bob Desmond asked if the rates will change and will there be a charge to switch over to each household. The rates will more than likely go up, but there would probably be no charge to the residents to switch over. Mr. Desmond also asked if telephone service would be offered to the lower area of Clermont, the 845 area. Bruce responded that it has not been decided yet, but they are thinking about it. They would like to offer the entire service of phone, broadband and video to all Clermont residents.
Charlie Larsen stated that the Turkey Hill area is not covered but they are in Clermont and are taxpayers. Mr. Bohnsack stated that the problem is reaching them because of crossing over and out of Dutchess County, but they will take a look at it. Supervisor Staats thanked Mr. Bohnsack for coming in to speak to the board and residents.
MINUTES:
Councilman Nolan commended the Town Clerk for producing a ten page document from the August 4th meeting. Discussed the type of water test that was done at the Community House. This test was a standard test for ecoli, bacteria and one other item. Councilman Nolan corrected the August 4, 2008 minutes – Page 3 – insert ‘basic’ before water test. A motion was made by Councilman Nolan, seconded by Councilman Jones to approve the August 4, 2008 minutes with correction. All in favor. So carried.
Councilman Nolan noted one correction on the August 20, 2008 special board minutes – Councilman Nolan noted a typographical error on page 1 to change Albert to Alberta.
A motion was made by Councilman Nolan, seconded by Councilman Jones to approve the August 20, 2008 special board meeting with correction. All in favor. So carried.
BUDGET WORKSHOP: A Budget Workshop will be held on Friday, September 19th at 6:30 P.M. A second date was set for a budget workshop, if needed, for Friday, September 26th at 6:30 P.M.
COMMUNICATIONS:
1. Town Clerks Report for August – A check for the General Fund in the amount of $542.61 was presented to the Supervisor. A motion was made to accept the Town Clerk’s report by Councilwoman Lent, seconded by Councilman Jones. All in favor. So carried.
2. County Resolution #286-08 appointing Phil Leonard of Clermont to the Columbia County Environmental Council.
3. Letter from Germantown Library thanking the residents of Clermont for their support of the Library.
4. The Town Clerk, in cooperation with Senator Saland's office will be collecting used cell phones, which will be converted for prepaid calling cards to send to U.S. Troops overseas. Councilwoman Lent said that some post offices have calling cards, which can be purchased and will be sent to Servicemen and Servicewomen overseas.
Councilman Nolan pointed out for the benefit of Bob Desmond, that we do donate to the Germantown Library and those that pay school taxes in the Red Hook School District contribute to the Red Hook Library, thereby supporting two libraries.
COMMITTEE REPORTS:
Web Committee – no report
Insurance – Councilwoman Lent reported that we have received invoice for $163.88 for the insurance increase in the value of the buildings.
Reimbursement from DEC - Councilwoman Lent has received the State Aid Voucher to be sent to DEC for reimbursement of C. T. Male charges from January 1, 2008 – March 22, 2008. Total charges were $11,731.90 and we will be reimbursed 90 %, which is $10,558.71. Councilwoman Lent will follow up with DEC as to whether they will include Andy Howard fees with Kimberlea Rae’s fees.
Hudson River Valley Greenway Grant - Councilwoman Lent checked into a grant from the Hudson River Valley Greenway, which pertains only to trails. It has been tried in the past to connect these three buildings by a trail, but it was not possible. It is believed that this is the grant that Germantown is looking into so we won’t act on this.
Zoning Update - Supervisor Staats asked Councilwoman Lent if she would be willing to get a committee together to look at the zoning changes, which have been recommended by the ZBA. She will meet with the ZBA at the meeting on September 24 at 8:00 P.M.
Supervisor Staats asked if Councilwoman Lent would follow up on Jim Connolly’s ladder, which was left at the Community House and was to be returned by Billy Cole.
Highway Garage - Councilman Jones reported that he and Jim Potts are working with Dan Wheeler on the contours for the garage site, so that we can get an understanding of how much shale we will get from the garage site for remediation for the residual twenty acres. He is doing a topo map with two-foot contours to gauge how much soil and shale there is. Councilman Jones would also like to ask Dan to proceed with the SEQRA process. Councilwoman Lent and Councilman Nolan think we should go through the referendum first. Andy Howard agrees, so that you know this is a project you can continue with. Andy Howard had mentioned to Dan, that in terms of remediation, it would require the SEQRA process, and Kirk Moline is prepared to do this. He asked Dan if he is comfortable working with Kirk and he is. We should have a final budget before going to referendum.
Councilman Jones was impressed with the youth that were helping to serve at the BBQ. He would like to see a community focus on the youth with art classes, painting or clay modeling classes being held at the Community House. He knows someone with a background in these things and would like to hear if there is any interest in doing this. He would donate $200 for someone to come in for 4 weeks to teach art classes. There would be a modest cost for supplies. It was suggested by those present, to hold these classes during the winter months on Saturdays when there isn’t anything to do. Judy Neary suggested it might also be a great idea for seniors on a weeknight. Charles Larsen proposed making a presentation at Fire Station #2 to the Seniors Group. Councilman Jones will look into this.
Councilman Nolan would like to know who in Clermont participated at the Dutchess County Fair and Chatham Fair and won awards or medals. He learned that Muriel Hempel is very knowledgeable about chickens and birds. Also, one of our residents (Correction: Add - Jonathan Loyola) graduated from Columbia Greene with a major award for scholastic achievement. He would like to see these achievements acknowledged in some way.
Academy Windows – Discussed the contract with Amidon Contracting, which Andy Howard has prepared. The final version has noticed Mr. Amidon that he must pay prevailing wage and he will. He believes that the work can be done very quickly, but there could be an issue with payment. The contractor would like to have one-third at signing, $6000; $6000 when half done, and $6000 upon completion. Councilmen Nolan said we have to fund this project up front until we get the grant money. Councilwoman Lent said generally you get 25% up front and the remainder of the money is based on the vouchers. The remaining 10% comes when the project is finished and the narrative done. We have received $1000 from the member item grant of $4000.00 from Peter Lopez and $10,000 from Senator Saland’s member item grant. Mr. Amidon would like to order material and get started, so the first two payments are the sticking point. The contract specifies that the building inspector will inspect as the project moves along. The full payment is $18,000. If counsel is satisfied and his payment schedule is agreeable, then we could go ahead was the motion made by Councilman Nolan, seconded by Councilman Jones. The vote was as follows:
Jones – aye; Nolan – aye; Staats – aye. Councilwoman Lent voted nay and her reason was that the bid form was not completely filled out and was not signed and this has been her objection. Motion carried.
Budget and Highway Garage – Andy Howard has given the Supervisor a detail of invoices from the beginning of year to the present. Supervisor Staats broke this down even further. Discussed breakdown of coding for invoices for Highway, Brownsfields, etc., when invoices are sent by Mr. Howard’s office. Dagmar Payne asked if these were going to be brought forward for the referendum for the highway garage. Supervisor Staats replied that they would be. The breakdown of costs will be discussed at the budget workshop.
Benches: Supervisor Staats did not have the plaques made up for the benches, but he will take care of this. Jim Potts has looked at the benches and there is no place to anchor them without possibly breaking them. There is an advantage to not having them anchored for mowing purposes, etc.
DEC Update: Paperwork has been sent to DEC but Supervisor Staats has not heard back from Randy Hough. We have received clarification on prevailing wage issue from the Labor Department. Mr. Howard has spoken with Charles Durban, Sr. Investigator with the Department of Labor who enforces prevailing wage in Columbia County. He has clarified that the use of highway personnel for the roadway and site development would not be subject to prevailing wage or to prosecution by the Department of Labor. Councilman Nolan asked if this would apply to work on the building. It also applies to the building itself, but to be clear this applies to highway personnel. If you hire a third party contractor, you have to pay prevailing wage. Councilwoman Lent asked if we use highway personnel to do certain jobs, can we hire a contractor to do other work, as long as we pay prevailing wage. If doing something beyond routine maintenance and repairs you can pay on an invoice basis. Andy has asked for written confirmation from DOL so that if the State Comptroller's office asks questions about it, we have written proof. The paving around the garage is being scaled back in order to reduce that expense. There will be changes to the budget, which was presented at the special meeting. The road budget estimate is about $130,000 and the building $675,000. These could be reduced with the highway personnel able to do this work and the paving. Councilman Nolan would like a buffer between the water and the paved area. Supervisor Staats is waiting for new budget figures based on these changes. Supervisor Staats spoke to Dan Wheeler about his invoice and he asked for an estimate to complete this work.
NEW BUSINESS:
Historical, Archives and Building Committee: Supervisor Staats appointed Tammy Connolly and Geraldine Hegeman to the committee.
There will be a public hearing on Monday, October 6, 2008 at 7:00 P.M. on Local Law #3-08, which provides for a property tax exemption for volunteer firefighters and volunteer ambulance workers pursuant to Section 466-d of the Real Property Tax Law. The public hearing will be held prior to the town board meeting.
Resolution #54-08 – Budget Amendment #2-08 to move money in the General Fund for the Community House window grant and in the Highway fund for State Aid – Chips. A motion was by Councilwoman Lent, seconded by Councilman Jones to approve these budget transfers. All in favor. So carried.
Resolution #55-08 – Two County Municipality Bridging Bike Path – This resolution was discussed at the August 20th special meeting. It was introduced by Supervisor Brown of Germantown and proposes a bike path between Germantown, Clermont and Tivoli made possible by a grant from Hudson Valley Greenway. They are asking for support from Clermont to seek the grant. The resolution will be changed to read ‘in cooperation with the Town of Germantown, Tivoli and Red Hook’ and a two county ‘four municipality’ bridging bike path. A motion was made by Councilman Jones, seconded by Councilman Nolan to support this project. Councilwoman Lent believes trails are a good thing, but she would feel more comfortable seeing a map of the proposed path. Supervisor Staats says that this is just a resolution supporting them investigating getting a grant. Councilman Nolan would like a trail way map to show the overall concept or plan so that it is easier to show how we are connecting to existing trails or paths when we go for funding. All in favor. So carried.
Dennis Palazzo was on a committee for a bike path on Woods Road, and they ran into problems when they found that the property owner’s right of way goes right up to the road.
Resolution #56-08 – Budget amendment to move money in the General Fund transferring from Brownsfield Account A7110.4 to Attorney Account A1420.4. Councilman Nolan would also like to say that $3,275.25 come out of the Brownsfield line A7110.4, which was spent in Attorney fees for the Brownsfield and $10,000 for other attorney fees and transfer to the A1420.4 account. A motion was made by Councilman Nolan, seconded by Councilwoman Lent to approve these budget transfers. All in favor. So carried.
SUPERVISORS REPORT:
Building and Facilities Committee – The Parc Foundation is seeking grants for funding for parks, garden areas, senior housing and parking in the city. They are looking at the County parking lots and trying to incorporate additional parking. The County will assist if they can.
Computer Committee: Need to purchase a $53,000 server for AS400 and this was approved.
Real Property – Countywide assessing is still in discussion. There will be a presentation for the full Board of Supervisors.
September 13th Steak BBQ at Station #2 on 9G at 6:30 P.M.
Village Green BBQ Community Day was very successful. Thanked Tammy Connolly, Dagmar Payne and Charlie Larsen, who are present and all those that volunteered that day. The Village Greene Committee requested that we turn over all town functions to their committee. The Supervisor proposed a resolution that the Village Green Committee take over the BBQ, Christmas program and Easter Egg Hunt, possibly hold an Election Day dinner and any additional functions for the community. Councilman Jones thinks it is a good idea, Councilwoman Lent agrees. A motion was made by Councilman Jones, seconded by Councilwoman Lent that the Village Green Committee continue to carry out these programs. All in favor. So carried.
Dagmar Payne asked for volunteers. The funds in the budget Celebrations account can be transferred to them. Dagmar suggested that the committee could make a quarterly report to the Town Board. They would like to incorporate some other events, which will make money that, can be used to paint the inside of the building.
They also would consider giving scholarships to students of the community. Andy Howard stated that if this is a town committee, setting a budget for the committee, cutting a check to the committee, the board is afforded the benefit of protection to spend those funds. There is accountability, the board is the entity that should be dispersing and authorizing public funds. Some towns have been looking into fund raising committees to raise funds for fuel oil for residents, and they are constitutionally prohibited from doing that. If you are part of the town, you are not authorized to make a charitable contribution with public funds. The Village Green Committee is not part of the town, they have their own tax identification number and Andrea DiPace is the treasurer. There is $1500 in the budget as of this date from an original $3500.00. The Easter Egg Hunt was designated for $2000, the Christmas Program for $500.00 and the balance for the BBQ. The committee should complete a budget for next year. Charles Larsen would like a correction made that Ron Seymour is the treasurer of the Village Green Committee.
Election Machines – There have been many problems with the (Correction: Insert Sequoia) machines. At present they are being used for handicapped voters. Judy Neary reported many problems with them. Supervisor Staats reported that there is a paper backup system. Village Green Committee would like to purchase a movable storage unit and put it back by the pavilion for supplies. They have received their building permit for a 12 x 14 shed. It has to be ten feet from the property line. They are requesting permission to put up this shed on town property. A motion was made by Councilman Jones, seconded by Councilman Nolan to allow the Village Green Committee to put up a shed on town property. All in favor. So carried.
Recusals – Andy Howard reported on recusals, if you are an adjoining landowner and/or an interested party in an action, and are on a Board, which might be making a decision on the action. He has spoken with Dianne O’Neal regarding the issue of the Highway Garage and the Brownfields project. The fact that she is a neighboring landowner, it gives her a certain interest in what happens on the land. It doesn’t mean that she looses her ability to speak, but that she shouldn’t be involved in the process.
Dianne needs to recuse herself formally on any discussion on the Highway Garage when it comes up. In order to remove any appearance of impropriety, when it comes up on the agenda, she should come and sit as the public and she can speak as an adjoining landowner. She should not be involved in the process as a town board member, but she may speak as a neighbor. This would also pertain to the Brownfields. Councilwoman Lent asked about what has happened before. Andy stated that there hasn’t been much action on the highway garage, there have been discussions. It is more of a question of openness and transparency and shows the public that you are going to make this decision based on facts and circumstances. Mr. Hammer asked if there aren’t grounds for recusal of just about everyone who may have an interest in something in town. Dagmar Payne spoke about this being better for Councilwoman O’Neal because she can speak as a citizen from the floor. She does not get any vote on the issue as a board member, but she can vote on the referendum. This would be the same if a Planning board application were submitted and a member was an adjoining landowner, they should recuse themselves.
Supervisor Staats has received recommendations that we shorten meetings. He feels that we are dealing with big issues and things that need to be discussed. We are involving the public as much as possible and doesn’t plan on changing that.
ABSTRACTS:
A motion was made by Councilman Nolan, seconded by Councilwoman Lent to approve General Fund Abstract #9, vouchers #261-290, in the amount of $15,911.74. All in favor. So carried.
A motion was made by Councilman Nolan, seconded by Councilwoman Lent to approve the Trust and Agency abstract #9, vouchers #57-59 in the amount of $$236.00. All in favor. So carried.
A motion was made by Councilman Nolan, seconded by Councilwoman Lent to approve Highway Abstract #9, vouchers #98-107 in the amount of $71,079.77. All in favor. So carried.
PUBLIC COMMENTS:
Dagmar thinks it is great that the windows are getting done for $700 a piece, and that the board is moving forward on that. She is pleased that the questions about the legal fees are being resolved. She would like to see a budget for the highway project.
Carol Lent asked if anyone had been notified by Virginia Kasinski of the Glynwood Center. Ms. Kasinski told Carol she was waiting on the Supervisors and the Supervisors have said they are waiting for her. This town paid $5000 on Phase I and we were told we would be starting Phase II in February. Her feeling is either they let us start Phase II or they should give us $2500 back. Judy Neary spent her own money putting together a booklet for all three towns and Charlie and John Myers helped get maps done. We have nothing to give back to our farmers. They promised that the Tri-Town Southern Columbia Agricultural Partnership would be on the website but there is nothing on the website. Supervisor Staats understanding was that the Glynwood Center wanted to bring in Gallatin, Taghkanic and Copake. Councilwoman Lent doesn’t understand how they can bring in other towns, when we did Phase I on economics, soils, farms, surveys, etc. and we paid the $5000.
Judy reported that all the reports were taken by Virginia Kasinski and they were to be distributed to the Towns. Nothing was distributed and Judy had to go to each committee and get their reports to do the booklet. Charlie stated that the only town to put in any money was Clermont. If got the money back from the Glynwood Center we could use it to publish our own brochure. Councilwoman Lent would like to send a letter but needs support from the Town Board. Supervisor Staats will contact Supervisor Brown and Ms. Kasinski. Judy Neary asked if Councilman Nolan has had any response from the Quadricenttenial Committee on Judy’s request last month. Councilman Nolan said he has not been able to contact Tara (Correction: Add – Sullivan) Judy would also like to know why we couldn’t pay our school taxes in two payments, as other towns in Dutchess County are able to do. She would like that looked into. She also asked for additional police coverage in a certain area of town where there has been recent problems. She will speak to Supervisor Staats on specifics.
A motion was made to move into executive session at 10:00 P.M. to discuss possible litigation by Councilman Jones, seconded by Councilwoman Lent. All in favor. So carried.
A motion was made by Councilwoman Lent, seconded by Councilman Jones to come out of executive session at 10:20 P.M.
A motion was made to adjourn by Councilwoman Lent, seconded by Councilman Jones at 10:20 P.M.
Respectfully submitted,
Mary Helen Shannon, RMC
Town Clerk
Meeting: