Town Board

TOWN BOARD MEETING

NOVEMBER 1, 2010

The Town Board held its regular meeting, after public hearings, on Monday, November 1, 2010 at 7:10 P.M. Those present were Supervisor Staats, Councilwoman O’Neal, Councilman Desmond, Councilman Jones and Councilwoman Moore. Others present were Andy Howard, Town Attorney and six residents.

A motion was made by Councilwoman O’Neal to move into executive session to discuss possible litigation at 7:10 P.M., seconded by Councilman Desmond.

A motion was made to come out of executive session at 7:55 P.M. by Councilwoman O’Neal, seconded by Councilwoman Moore. All in favor. So carried.

MINUTES:

A motion was made by Councilwoman O’Neal, seconded by Councilman Jones to approve the minutes of the October 4th Town Board meeting. All in favor. So carried.

A motion was made to approve the minutes of the October 26th Audit Response workshop by Councilwoman O’Neal, seconded by Councilman Jones. All in favor. So carried.

CORRESPONDENCE:

  • The Town Clerk presented a check for the General Fund in the amount of $1,032.37 and for Trust and Agency in the amount of $500.00. A motion was made to approve the Town Clerk’s report by Councilwoman Moore, seconded by Councilwoman O’Neal. All in favor. So carried.
  • The Clerk read a summary report from Assessor Henry Greenhouse regarding Small Claims Assessment Review (SCAR) as follows:
  • Ten SCAR hearings were conducted this year. In two of the hearings the plaintiffs were represented by lawyers. In eight, the plaintiffs represented themselves. The Assessor represented the Town of Clermont in all cases.  The decisions by the hearing officers were as follows:

          One claim was dismissed because the parcel was ineligible for SCAR review.

          Four claims were settled in pretrial stipulation.

          Three claims resulted in small reductions being made by the hearing officer

          Two claims resulted in no change being made by the hearing officer.

          The hearing officers (6 individuals) conducted themselves in a well-informed and professional manner.

  • The Veterans of Foreign Wars Post 6398 will hold a ceremony in Clermont to "Remember All Veterans" on Sunday, November 7th at 2:00 P.M.
  • BUDGET PUBLIC HEARING: Prior to this meeting a public hearing was held on the 2011 budget. The Supervisor has allocated $71,500.00 from the fund balance for 2011. The auditors expressed concerns that the fund balances were excessive. Councilman Desmond commented that we are also using $40,000.00 from the Highway fund. The tax rate after evaluation is $.42 per thousand of assessed value.   A motion was made by Councilman Desmond to adopt the budget for 2011 as presented, seconded by Councilwoman O’Neal. All in favor. So carried.
  • LOCAL LAW #2-2010 PUBLIC HEARING providing for the licensing and identification of dogs, the control and protection of the dog population and the protection of person, property and domestic animals from dogs.   A motion was made by Councilwoman O’Neal to adopt Local Law #2 of 2010, seconded by Councilman Jones. All in favor. So carried.
  • EMERGENCY PREPAREDNESS PLAN PUBLIC HEARING: The purpose of the plan is to cite the authority, formulate procedures and provide guidance for coordinated action in rendering assistance to the citizens within the Town in the event of a disaster. A motion was made by Councilman Desmond, seconded by Councilwoman Moore to approve the Emergency Preparedness Plan. All in favor. So carried.
  • RESOLUTION #46-2010: Establishing the Highway Capital Reserve Fund to finance the cost of acquisition of certain highway equipment to a maximum sum of $300,000.00. A motion was made by Councilman Jones, seconded by Councilman Desmond to approve Resolution #46-2010. All in favor. So carried.
  • RESOLUTION #47-2010: Highway Fund transfer to decrease 5112.2C Chips Reimbursement and increase 5112.2 Improvements in the amount of $6700.00.  A motion was made to approve Resolution #47-2010 by Councilwoman O’Neal, seconded by Councilman Jones. All in favor. So carried.
  • RESOLUTION #48-2010: Highway Fund transfer to decrease DA5130.4 Machinery and increase DA5110.4 General Repairs in the amount of $300.00. A motion was made to approve Resolution #48-2010 by Councilwoman O’Neal, seconded by Councilwoman Moore. All in favor. So carried.

In answer to a question asked last month regarding the Town Board passing a resolution to require the BAR to note the reasons when they do not make a change to a persons assessment. Councilman Desmond has looked into this and the Town cannot require them to do this. The BAR is an independent group that is quasi/judicial and their deliberations are not necessarily made public. The BAR can note on the form when a change is made but not when there is no change. Mrs. Cassidy stated that the notes that she got seemed to be from after the public hearings. There was discussion with the town attorney on the specifics of the law, which deals with the BAR and the Assessment process. The Cassidy’s want the complaint heard that they feel that the Board of Assessment Review did not do their job by not considering their appraisal. Councilman Desmond stated that one of the problems with appraisals is that it varies with who is doing the appraisal, etc.

COMMITTEE REPORTS:

  • BUILDING COMMITTEE: Councilwoman O’Neal thanked Supervisor Staats for painting upstairs in the Town Hall and front room in Community House. Louise Kalin and Ruth Hammer attended Archive workshops at Historical Society. It may be possible to tap into software that County Historian and Historical Society uses.
  • HIGHWAY GARAGE WINDOWS: Councilwoman O’Neal reported that the garage windows grant requires documentation such as waste stream documentation, pictures, Made in America Certification and two letters that document that Highway personnel will be doing the work. Councilman Desmond thanked Councilwoman O’Neal for her work on this project.
  • LANDSCAPING: The committee has scaled back the plan from thirty trees to nine trees to be planted in locations around the Community House. The State Office of Parks, Recreation and Historic Preservation did give their approval to do this work.
  • CLERMONT COMMUNITY HOUSE: Councilwoman O’Neal requested to use remaining funds in the building budget for 2010 to paint the ceiling of the Community House. She received two estimates, Darryl Millus $1050 - $1200 and Grace Painting for $1300.00. Supervisor Staats agrees that the wood ceiling needs to be painted.  A motion was made by Councilwoman O’Neal to accept the bid from Darryl Millus up to $1200, seconded by Councilman Jones.
  • TRAILS: Councilwoman O’Neal and Councilman Desmond met with persons interested in trail development. DEC has a program to help to improve and control fishing access. Councilwoman O’Neal has spoken with a representative from Bureau of Fisheries. There is a program, which will pay up to $25,000.00 for development, but at the moment there is no money available.
  • BALLFIELD: One load of clay has been put in but another load has been ordered. The Little League has been contributing and will pay for second load.
  • BUCKWHEAT BRIDGE: The Supervisor will contact the County about posting the bridge with no swimming signs.
  • NYMIR SURVEY: Councilman Desmond said that there were several recommendations made by the insurance survey of our properties, which was done recently, that need to be addressed.

OLD BUSINESS:

  • BALLFIELD: Our Highway Department has been helping when they have extra time. They will be moving the fencing and backstop from the current ball field to the new field.
  • BUDGET: A maintenance line item has been added for hiring outside help for odd jobs that need to be done.
  • PLEASANTVALE ROAD BRIDGE: There is no date for the emergency repair of the bridge.
  • ROUTE 9G BRIDGE: The Linlithgo bridge will reopen on Friday.
  • SALT SHED: As discussed at the last meeting, the fabric needs to be extended all around the outside of the salt shed to keep water from running into the inside of the shed.

NEW BUSINESS:

  • AUDIT: The audit workshop was held on October 26th. A letter will be sent to the State in response to our audit. A motion was made by Councilman Jones, seconded by Councilman Desmond to approve the response. All in favor. So carried.
  • RESOLUTION NO. 49-10 encouraging and supporting the activities in the Town in order to promote civic unity, harmony and cooperation. Councilman Desmond brought this resolution to the floor and motioned to approve the resolution, seconded by Councilwoman O’Neal. All in favor. So carried. This will be sent in with the audit response.
  • REVENUE UPDATE: The Supervisor reported that the third quarter sales tax was $4000.00 more than previous years and this puts us on target for this year.
  • PICK UP TRUCK BIDS: The 2002 pick up has to be declared surplus equipment in order to sell it. A motion was made by Councilman Jones, seconded by Councilman Desmond to declare the pick up truck surplus equipment. All in favor. So carried.  Bids will be accepted and opened on Monday, November 22nd at 6:00 P.M.

SUPERVISORS REPORT:

  • COUNTY EARLY RETIREMENT INCENTIVE: There are eight positions in the County, which are going to be eliminated through the early incentive program.
  • PINE HAVEN: The architects are working on the drawings and they are looking very good.
  • OCKAWAMICK: The County has put money in the budget to renovate half of the building at this time.
  • COUNTY BUDGET: There is an estimated 31/2% – 4% increase in the County budget. Some are the reasons for the increases are retirement cost increases, union negotiations and hospitalization insurance.
  • GERMANTOWN has formed a committee to promote 12526.biz for those that live and have a business in the 12526 area code.
  • GERMANTOWN 300th ANNIVERSARY CELEBRATION: Supervisor Staats complimented Germantown on the good job they did with the whole weekend. There was a miscommunication with Clermont Fire Company and the Town and as a result Clermont’s trucks were not present at the parade
  • BANK OF GREENE COUNTY opened a branch in Germantown this past weekend.
  • Charles Larsen asked last month about the yellow lines on Route 9 at the County Route 8 intersection. The State DOT will black out the lines and repaint next spring.
  • LAMUNYAN/COLE PROPERTY: It had been asked if some kind of barricade could be put up on the property. The Supervisor spoke to Mr. Cole about it but it would cost about $4500 - $5000 to barricade this off. The Supervisor does not see any tracks or dump piles on the property. He does not think we can put any money into this. Mr. Cole did say that he has surveillance cameras on the property.

ABSTRACTS:

A motion was made by Councilwoman Moore, seconded by Councilman Jones to approve General Fund abstract #11, vouchers #309-336 in the amount of $8,355.45. All in favor. So carried.

A motion was made by Councilwoman Moore, seconded by Councilman Jones to approve Highway Fund Abstract #11, vouchers #100-110 in the amount of $3,984.92. All in favor. So carried.

A motion was made by Councilwoman Moore, seconded by Councilman Desmond to approve Capital Projects abstract #9, vouchers #17-20 in the amount of $666.55. All in favor. So carried.

PUBLIC COMMENT:

Mr. Quinterro: He lives across the road from the LaMunyan/Cole property and asked if the board could look into the process by the Planning Board on a boundary line change which Mr. Cole applied for in 2008. He said he did not receive notification of the hearing. He would like to know if it is a law to notify adjoining landowners. He also wants to know if digging was allowed in the former landfill. Supervisor Staats will look into this.

The Cassidys: In response to the audit, the Cassidys believe that it is the responsibility of the board to become more knowledgeable about financial matters.

They also inquired as to whether or not there is an auditor to audit the books. Our bookkeeper has been auditing the books, and in the future we are planning to hire an outside auditor to do an audit every few years. We did not have one this past year, because we had the state auditor.

Judy Blessinger-Neary would like to see support of local business in town for projects that the town undertakes. Citing the landscaping project as one, which could have been done locally. Supervisor Staats stated that it is important to support our local business.

Charles Larsen: The community house needs a new floor in the kitchen. The Village Green has gotten an estimate to repair the wide board floor, clean it and seal any cracks. Once the floor is done they have a stove which can be used. He would like to have the approval of the board. A motion was made by Councilman Desmond, seconded by Councilwoman O’Neal to approve the Village Green repairing the floor in the Community House. All in favor. So carried.

A motion was made to adjourn by Councilwoman O’Neal, seconded by Councilman Jones.

Respectfully submitted,

Mary Helen Shannon, RMC

Town Clerk

 

 

 

 

 

 

 

 

Date: 
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Town Board