Town Board Meeting

CLERMONT TOWN BOARD

SEPTEMBER 7, 2010

 

The Clermont Town Board held its regular meeting on Tuesday, September 7, 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 Andrew Howard, Town Attorney, Cari Watkins Bates and Kathryn Biszick of Scenic Hudson, Louise Kalin, Town Historian and five residents.

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

A motion was made to go into executive session at 7:00 P.M. to discuss a possible matters of litigation by Councilwoman O’Neal, seconded by Councilwoman Moore. All in favor. So carried. Supervisor Staats did not attend the entire executive session due to a possible conflict.

A motion was made to come out of executive session by Councilwoman O’Neal, seconded by Councilwoman Moore at 7:35 P.M. All in favor. So carried.

Supervisor Staats thanked everyone for being patient.

Cari Watkins-Bates and Kathryn Biszick of Scenic Hudson presented the Town with a poster of scenic and natural treasures representative of the Town of Clermont. Cari will contact Stephen Hammer, our webmaster, about putting this on the website.

MINUTES:

A motion was made by Councilwoman O’Neal, seconded by Councilman Desmond to approve the minutes of the August 2nd meeting. All in favor. So carried.

A motion was made by Councilman Desmond, seconded by Councilwoman O’Neal to approve the minutes of the August 13th special meeting. All in favor. So carried.

BALLFIELD: The lot line adjustment between G-tel Communications and the Town will be voted on by the Planning Board at tomorrow nights meeting. If approved, this will give the Town approximately 30 additional feet for driveway access from County Route 6 for the proposed ballfield on town property.

BUCKWHEAT ROAD: Our attorney, Andy Howard, prepared a local law for which a public hearing will be scheduled. The purpose of the local law is to prohibit swimming at the Buckwheat Road Bridge. There have been complaints about swimmers at the bridge and the town does own about 100 feet in total along both sides of Buckwheat Road to the middle of the stream. State law provides immunity for certain activities, but swimming is not one of them. Because of the complaints the town will post a no swimming sign. Other activities, such as fishing, hiking, kayaking and canoeing will not be prohibited.

MOTION: A motion was made by Councilman Jones, seconded by Councilwoman Moore to hold the public hearing on Local Law No. 2 of 2010 on Oct. 4th at 6:45 P.M. All in favor. So carried.

IN FLIGHT INC.: A decision was received on August 24th from the Commissioner of Mental Health in the matter of the Town and In Flight, Inc. which proposed a group home on County Route 35 (Church Avenue). The issue raised by the board was that this was the fifth home in Clermont, which would be taken off the tax rolls. This objection was denied and pursuant to the Mental Hygiene Law, it was the decision of the Commissioner that the town has not reached the point of saturation of group homes in the Town. Councilman Jones explained that the town has had a thorough discussion on the decision and would not pursue this matter any further due to the costs of litigation. As Andy explained, the town had valid arguments but there is a reluctance by board members to spend up to $2500 to $3000.00 to pursue it and Andy has not found any cases where the Commissioner’s decision was reversed. Previously, the Town Board had made a motion that if the decision came prior to the next town board meeting that our attorney could initiate an appeal. At this time, a motion is needed to rescind that motion.

MOTION: A motion was made by Councilwoman Moore, seconded by Councilman Jones to accept the denial by the State in the In Flight, Inc.matter and that we close this out. All in favor. So carried.

COMMUNICATIONS:

  • Town Clerks Report: The Clerk presented a check for the General fund in the amount of $102.63. A motion was made to accept the Clerk’s report by Councilman Desmond, seconded by Councilwoman O’Neal. All in favor. So carried.
  • Letter from Columbia County Office of Fire Coordinator commending the volunteer firefighters at a garage fire on August 18th on Hog Trough Road.
  • Pictures were received from Shirley Moore Gregory who attended The Academy in 1940, when she left to go to Germantown School and a map of Columbia County showing the schools of the time. Mrs. Gregory was related to Foster and Edward Wright for which Wright Road is named. A thank you note will be sent.
  • Office for the Aging notified the town that Free Farmers Market coupons are available for eligible individuals.
  • U.S. Census Bureau – Thank you for providing meeting space for the 2010 Census testing activities with a Certificate of Appreciation.
  • Dog Licenses: The Town Clerk reported on changes which will occur January 1, 2011 with the dog licensing process. The State will no longer be issuing renewal notices for dog licenses; this will be done by the Town Clerk’s office. All renewals, delinquent notices and dog tags will be issued by the Town Clerks across the state. It will be necessary to do a Local Law with these changes.
  • Supervisor Staats responding to an article in the Watchful Eagle newsletter regarding the State Audit results. He asked that if the authors of this article would like to sit down with him, he would be willing to explain the town’s fiscal situation to them.
  • Webmaster: No report

COMMITTEE REPORT:

  • SIGN: Councilman Jones has looked into the option of putting another sign below the sign out front with notice of meetings, etc. By raising the existing sign up, you could put up three lines of changeable text, such as meeting notices, emergency notices. The cost would be about $500.00. There was further discussion on this proposal and the existing sign. Councilwoman O’Neal said that the history committee has been discussing signage.
  • TREES: Councilman Jones asked about the tree in front of the Community House on Route 9, which he had asked to be removed because it was in danger of falling. Supervisor Staats reported that Superintendent Potts has removed the tree because the state was not going to get to it for awhile.
  • LANDSCAPING: Councilman Jones asked if the building committee is looking into landscaping with trees between St. Luke's Church, the salt shed and neighboring properties. The committee will discuss this.
  • PAINTING OF BUILDINGS: Councilwoman O’Neal reported on newly painted Town Hall and Garage. The Town Hall has been completed. The selected bidder on painting the garage chose not to do the job. After discussions with the town attorney, the job was awarded to Darryl Millus, the next lowest bidder.

MOTION: A motion was made by Councilwoman O’Neal, seconded by Councilman Jones to ratify the Supervisors decision to award the job to the next bidder, Darryl Millus. All in favor. So carried. Councilman Desmond pointed out that Darryl also painted the gable end of the Community House, which needed it, at no charge. A thank you will be written.

  • HISTORIAN: Louise Kalin received a letter from Winn Kratenger, Historic Preservation Program Analyst, NYS Office of Parks, Recreation and Historic Preservation. The History committee should have scraped the town hall and garage to find the original colors that they were painted, made a sketch and presented it to the town board. She regrets that this was not done, but it will be done in the future. His letter stated that paint colors and schemes are an important part of history and he recommended that an historically accurate scheme be given consideration for St. Luke’s Church. Louise has since taken scrapings of the original colors of the Town Hall and will have for future reference.
  • NYSERDA: Councilwoman O’Neal reported that the contracts have been sent in to NYSERDA and we have the go ahead for the Town Hall attic insulation and garage windows. She thanked Dagmar for her assistance. She will be setting up a committee meeting for the landscaping suggestions. She commented on how good the buildings look.
  • LOT LINE CHANGE: Councilman Desmond explained that the lot line change will be voted on tomorrow night at the Planning Board meeting. The request for an area variance by G-tel Communications was approved by ZBA, which held a joint hearing with the Planning Board. Our attorney will prepare the deed. Once resolved, our highway superintendent will start putting in a driveway, using some material from County.
  • NYMIR: Councilman Desmond reported that NYMIR would be coming on Friday to review our buildings and properties. Our insurance agent, Greg Fingar suggested that we have them come in to do the review. This came about because of the question of swimming at Buckwheat Bridge. Supervisor Staats stated that he does not like to have to prohibit swimming at the bridge, but this will take the liability off of the town and give the Sheriffs department the option to arrest.
  • Laurence Saulpaugh was injured in an accident recently and the board sent flowers.
  • EMERGENCY PREPAREDNESS PLAN: Councilwoman Moore has not heard anything from the Emergency Coordinator on the Emergency Preparedness plan. The Supervisor will check with him.
  • The air conditioner, which was approved at a prior meeting, has not been purchased but the Supervisor will get prices and bring back to the board.
  • Ballfield: The maps are being finalized. The Supervisor has asked the Little League to come and layout the base lines. The driveway will then be started.

NEW BUSINESS:

  • Res. #43-2010 for a budget transfer in General fund decreasing appropriations to Central Garage – A1640.4 to Buildings A1620.4 in the amount of $10,000.

MOTION: A motion to approve the transfer was made by Councilman Desmond, seconded by Councilwoman O’Neal. All in favor. So carried.

  • Res. #44-2010 to equalize the tax assessments for each town so that all properties located within the Clermont Fire District is treated on a fair and equal basis. The resolution requests that the Columbia County Board of Supervisors adopt a resolution at their next regular meeting, providing that the taxes to be collected for the year 2011 and each year thereafter for the purpose of the Clermont Fire District, be levied and collected on an equalized basis, as determined by the equalization rate fixed by the New York State Real Property Tax Service for the Towns of Clermont and Livingston, with respect to the taxable property within such towns, lying within the boundaries of the Clermont Fire District.

MOTION: A motion was made to accept this resolution for levying tax assessments in the Clermont Fire District by Councilman Desmond, seconded by Councilwoman O’Neal. All in favor. So carried.

  • PUBLIC HEARING: A public hearing will be held on October 4th at 6:45 p.m. on Local Law No. 2 or 2010 regulating the use of Town real property along Buckwheat Road.
  • BUDGET WORKSHOPS are scheduled for Monday, September 13th at 6:00 P.M. and, if needed, on Tuesday, September 21st at 6:00 P.M.
  • BUDGET: Supervisor Staats believes that this is not going to be an easy budget year. There will be increases in retirement costs of possibly 33% to 37% and the revenues are still struggling. There will be other cuts passed down by the State. He feels that this is why having the fund balance is so important that the state wanted us to do away with. This is how we can absorb property tax increases by using our fund balance. The disbursement of the Tobacco Settlement, which we have been receiving for several years, may be held back by the County for next year. Chips money to help finance the maintenance of our roads is in question. This year we put $35,000.00 into roadwork and the Chips program would match it. This is received from the federal government but if it stops, then it we pay the entire amount.

SUPERVISORS REPORT:

  • COMMUNITY DAY: The Supervisor thanked everyone for helping and for Tammy Connolly for chairing the event. Donations were made by the Town of Germantown of the dunk tank, G-tel Communications for hanging the banner and Keil's Equipment the tractor for the tractor pull.
  • Our Fire Chief and Planning Board Chairman Larry Saulpaugh was injured at a tractor pull but is doing better. Our prayers and thoughts go out to him and his family. The board sent flowers.
  • Supervisor Staats thanked all the volunteer firefighters for the work that they do.
  • The steak BBQ will be held at the Clermont Firehouse on Saturday, September 11th at 6:00 P.M.
  • Revenue cutbacks continue to be a burden on the Town.
  • An early retirement letter was sent out to eligible employees for a retirement incentive by the County. This was for informational purposes to find out how many employees would consider early retirement. It was not an option for each person that received the letter. The total cost would be about $3 million over the next few years if every employee took the incentive. The county will be targeting some positions for the incentive but not all.
  • DSS Building – There has been no decision on where to move DSS employees. They are looking into purchasing the building, because the cost of leasing would almost be what the building is worth over the next three years. There have been issues of overcrowding, but Medicaid might be taken over by the state entirely and there are about 25 to 30 employees who work on Medicaid assistance. This would give the County more space in the building.
  • COUNTY ROUTE 6: The County will be paving to the finish coat.

ABSTRACTS:

A motion was made by Councilwoman Moore, seconded by Councilwoman O’Neal to approve General Fund abstract #9, vouchers #245 to 279 in the amount of $19,493.01.

All in favor. So carried.

A motion was made by Councilwoman Moore, seconded by Councilman Jones to approve Capital Projects abstract #7, voucher #15, in the amount of $4,100.00. All in favor. So carried.

A motion was made by Councilwoman Moore, seconded by Councilman Jones to approve Trust and Agency abstract #4, voucher #5, in the amount of $415.70. All in favor. So carried.

A motion was made by Councilwoman Moore, seconded by Councilman Jones to approve Highway abstract #9, vouchers #79-89 in the amount of $31605.94. All in favor. So carried.

Supervisor Staats reported on the budget comparison done by the County. Of 18 towns in the county there are six with less population than Clermont. In town square miles, there are two, which are smaller than Clermont, Germantown and Stockport. Clermont does have the fewest miles of road in County. Taxable property values are the second highest in the county because of our location to Dutchess County. We have the smallest tax base with 925 parcels. We are the lowest tax rate; the highest is New Lebanon. Our budget is the smallest in the county.

PUBLIC COMMENT:

  • Dagmar Payne: Has filed a small claims for overassessment of her property and her concern was legal costs associated for small claims by the taxpayer if there is an attorney representing the town. It was explained to her by the county that the town does not have to have an attorney at the hearing and she is wondering why we are going to have one. Supervisor Staats explained that we do not have an attorney present, the Assessor represents the town at the hearing. She does not want any costs to the taxpayer because she is fighting for her right to live here. On the Supervisor’s response to the article in the newsletter, as an ex-writer of a newsletter, the board should set an example of hard work and people will make their determination.
  • Carol Livellara asked if there was any new information on the Cole site. There was an article in the Register Star, which said a hearing would be held in December. Supervisor Staats has not been contacted by anyone from the Attorney Generals Office.
  • Charlie Larsen said that Laurence Saulpaugh, Planning Board Chairman, was called to a meeting at Dan Wheelers office in Red Hook by the Attorney General’s Office. The Planning board had done a site visit when Mr. Cole applied for a special permit for a storage facility on the northern portion of the site and there was no demolition debris on the site at that time.
  • Meri Puccio: Reported that she learned that someone saw something being dumped at the William Cole site on Route 9G. She wants this in the minutes that this is a hot spot and we should keep an eye on it. The Supervisor did contact James Woods of DEC and Mr. Cole can dump clean fill on his property and this is regularly checked by DEC. Ms. Puccio did state that he has the right to do what he wants on his property, this property has a history behind it and is not going away.
  • Charlie Larsen: The buildings look good and whether they are the right colors of 200 years ago or not, he thinks they should match. He thinks the sign out front should be raised, but not changed. The people of the Community Day that year, chose that design for the sign. He would like to see more history displayed and have the Church open for Community Day. He also thinks the bees should be removed from the bell tower.
  • Councilman Desmond said that the roof on back of storage area and gasoline tanks need to be painted.

A motion was made to adjourn at 9:10 P.M. by Councilwoman O’Neal, seconded by Councilman Desmond. All in favor. So carried.

Respectfully submitted,

 

Mary Helen Shannon, RMC

Town Clerk

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