CLERMONT TOWN BOARD
JANUARY 3, 2011
The Clermont Town Board held its regular meeting on Monday, January 3, 2011 at 7:00 P.M. at the Town Hall. Those in attendance were Supervisor Raymond Staats, Councilman Robert Desmond, Councilwoman Nancy Moore, Councilwoman Dianne O’Neal and Councilman Richard Jones. Also present were Town Attorney, Andrew Howard and eight residents.
Supervisor Staats opened the meeting with a salute to the flag. He introduced Andy Howard, Town Attorney, to introduce Local Law No. 1 and Local Law No. 2 of 2011. Mr. Howard explained that the Board wishes to amend previously adopted legislation by the adoption of Local Law No. 1 of 2011 modifying the exemption levels for Veterans who rendered military service to the United States during specified time periods. This will permit a partial exemption from taxation to the extent of 15% of assessed value, not to exceed $24,000.00.
There are additional benefits for those who served in a combat theater or war zone during specified time periods, set up by statute, not to exceed $16,000.00. Also, Veterans who have been deemed disabled by Veterans Affairs or the Department of Defense receive a partial exemption based on their disability rating, not to exceed $80,000.00. Councilman Desmond sees that it is 15% on the assessed value on the first up to $24,000.00. He does not see a percent on the second. Mr. Howard explained that it would be 15% and the additional $16,000.00 for serving in a combat theater or war zone apply to one parcel, the disability exemption is based on the disability rating and gets computed in, but no greater than $80,000.00 in total.
A public hearing will be held prior to the next board meeting on February 7, 2011 at 6:40 P.M.
Local Law #2 of 2011 would increase the eligibility levels for Persons 65 years of age or older. The sliding scale schedule increases from $29,000.00 up to $37,399.99. Andy will mirror the County exemption, but the variation between the levels will probably change.
The public hearing will be held on Monday, February 7, 2011 at 6:50 P.M.
A motion was made by Councilman Desmond, seconded by Councilwoman O’Neal to hold the public hearings on February 7, 2011 starting at 6:40 P.M. All in favor. So carried.
Ray Quintero has asked questions regarding the William Cole property on Route 9G in regards to a boundary line change that was done in early 2009, in which he stated that he had not been notified as a neighbor. Andrew Howard spoke to Mr. Quintero’s concerns involving what had occurred at the Planning Board meeting with this application. He has reviewed the minutes, and what occurred was a review of the application and because the board found that notification had not been sent out, the hearing was continued. The next month, Mr. Cole, brought in the proofs of mailing and the hearing was held. One adjoining landowner, Mr. Cunningham, appeared at the hearing and made comments. The board proceeded with the vote and approved the line change. Mr. Howard said that it is not the custom to have the engineer or attorney review those mailing receipts, because the board members have a better understanding of properties. Mr. Quintero asked why the town does not send the notices out and what triggers sending certified mailings. Mr. Howard explained that a boundary line change or subdivision would trigger the mailings and there is no statutory requirement to send them out, but it is in our zoning code to send certified mailings. Mr. Quintero asked what happens if a notice isn’t sent out. Mr. Howard explained that it would be up to the board to continue the public hearing until the applicant sends the notices. When asked what happens as in this case where not all adjoining landowners were notified? Mr. Howard said that it doesn’t void the approval. Councilman Desmond noted that it is difficult when using the maps because adjoining landowners can be on two different maps. Tax maps are broken into quadrants and unless you use them often you might not understand it. Merri Puccio said that it seems so convenient that it was the dump and these notices did not get sent out. Mr. Howard did point out that the board did not rush it through, they continued the hearing until the next month, and at that second meeting, took comments from another neighbor.
Mr. Quintero asked how you change from commercial use to residential use. Mr. Howard explained that you must meet the requirements. Councilman Desmond explained that the uses in the zone are for commercial and residential. The zone did not change and the permitted uses on either property did not change. It is in a commercial zone and any approved commercial use can occur without a variance.
Mr. Quintero asked, knowing that this was on a dump, why was this allowed on the property before it was closed by DEC. Mr. Howard recalls that when this application came before the board, the issues were reviewed by the planning board with DEC and all were satisfied.
Mr. Quintero read from the minutes that Mr. Howard recused himself because he had represented Mr.Cunningham. Mr. Howard had been involved with Mr. Cunningham when he was trying to purchase the property at the same time as Mr.Cole. Mr. Howard reiterated that he believes the planning board took its job very seriously and held off with the public hearing until notification was made and it was their understanding that all had received the notices. Mr. Quintero also stated that there was subdivision at Clermont Farms in 2001 and he was not notified of that either. Supervisor Staats suggested Mr. Howard having a conversation with the Planning Board that a list of the adjoining landowners is given to the planning board, either from the Assessor or the building inspector, so that it can be compared to the certified receipts. Mr. Quintero asked if the Cole property is going to be cleaned up. Mr. Howard sees this as a DEC issue, because they have the resources and the knowledge of the environmental laws. We can interface with the DEC and have them proceed to do a review. If Mr. Cole satisfies the building inspector and DEC gives there consent, then he can build on this land.
Carol Livellara attended the trial and there are holes in sharing information amongst the different boards and outside contractors. She suggested tagging certain properties, which have issues in town. Judy Blessinger-Neary recalls from the planning board meetings that the portion of the property we are talking about was not contaminated and storage units could be allowed. Councilman Desmond made a motion that our attorney talk to the Planning Board and Zoning Board to still let the applicant notify the property owners but that there is a verification process, seconded by Councilwoman O’Neal. All in favor. So carried.
Councilman Desmond said that there are two parcels in question, one designated by DEC to be capped and the northern parcel with the lot line change, which was not involved with the original parcel. There has been prohibited material put on this property and he would like out attorney to contact DEC and find out the status of the parcel, as to whether it can still be built upon. Mr. Quintero maintains that more than half of the property involved in the lot line change was part of the parcel to be capped. Councilman Desmond recalls when the Town Engineer went to the property and checked the extent of the original dump and it did not join the 4.78-acre parcel. Mr. Quintero stated that Richard Forgea said that they should have never allowed the Town Engineer to dig holes on that property. The Town has never been told that by DEC. Councilman Desmond made the motion, seconded by Councilwoman O'Neal to have our attorney contact DEC and find out the status of the parcel and whether it can still be built on. All in favor. So carried.
Mr. Quintero asked if a permit is needed to bring in dirt to your property. No permit is needed to bring in clean fill, but you cannot take it out without a permit.
ORGANIZATIONAL MEETING:
See separate notes on Resolution No. 1 through No. 35
The Town Board will meet on Saturday, January 15th at 10:00 A.M. to review the books of the Town Clerk, Town Tax Collector, Town Justices and Supervisor.
A motion was made by Councilman Desmond, seconded by Councilwoman Moore to add the fees for zoning, planning and building permits as resolution #35. All in favor. So carried.
MINUTES:
A motion was made to approve the December 6, 2010 minutes by Councilman Desmond, seconded by Councilman Jones. All in favor. So carried.
A motion was made to approve the minutes of the year-end meeting on December 29, 2010 by Councilman Desmond, seconded by Councilman Jones. All in favor. So carried.
CORRESPONDENCE:
- Town Clerks December Report: The Town Clerk presented a check to the Supervisor for the General fund in the amount of $1,375.00 and for Trust and Agency $21.25. A motion was made to accept the Clerk’s report by Councilman Desmond, seconded by Councilman Jones. All in favor. So carried.
- Notice of Public hearing from the Town of Saugerties to be held on January 5th at 6:30 P.M. and February 2nd at 6:00 P.M. on Zoning.
- 2011 Training School and Annual meeting with the NYS Association of Town.
- Webmaster Stephen Hammer donated his salary for 2010 of $600.00 back to the town. The Board thanked Mr. Hammer.
COMMITTEE REPORTS:
- Councilman Jones would like to explore the possibility of examining solar for the town buildings and if interested we might invite Jeff Irish of Hudson Valley Clean Energy who implemented Red Hooks plan. Supervisor Staats would like to follow up with Supervisor Brown in Germantown who has just recently installed solar. When we looked several years ago, we did not use enough electricity to make it worthwhile and he would like to get more details.
- Councilwoman O’Neal reported that the garage window paperwork has been completed and we have been given the go ahead to proceed. She thanked all that participated in the Holiday Party. The History committee did the decorating and the Village Green committee organized the event and did the cooking. There are shingles, which have come off the church roof. Supervisor Staats will be looking into that. We have budgeted to paint the church for this year and if the roof is in need of repair this year, we will do that first.
- Councilman Desmond commended the highway department, which worked 26 hours straight to keep the roads clear during the December 26th and 27th storm.
Councilman Jones asked if we should send them a note because they do a lot for us. Supervisor Staats will send one.
- Councilman Desmond mentioned that during the year-end meeting, there was a question about how the Building Inspector computed the fees for inspections. Councilman Desmond spoke with John and clarified the entries and all looked proper. He will follow up with John to see how he wants to be paid in the future when the inspections are done, rather than when the Certificate of Occupancy is issued.
- Councilman Desmond would like to follow up with John Moran on getting Regan’s Way taken over by the town. Supervisor Staats said that there is a drainage easement, which needs to be completed before the town can take over the road. The Supervisor said we could certainly ask him if he is going to complete the work. Councilman Desmond is concerned that the road is not well kept during storms such as we have had.
- The DEC easement for Brownfields property has not been received to be signed.
- Councilwoman Moore reported that the Emergency Preparedness Plan has been finalized and approved. The memorandum of understanding has been signed by the Fire Company, which allows for the sharing of services and facilities in the event of an emergency.
- Cable TV: There have been complaints from some town’s people about the quality of service that don’t have the newer fiber optic cable. Councilwoman Moore will follow up with Bruce Bohnsack on this to find out if it is one area in town or more than that.
OLD BUSINESS:
- Pleasantvale Road Bridge: The County has a contract finalized to go out to bid, which will be put out in a few weeks, with work to begin in late February or early March.
NEW BUSINESS:
- Recap of 2010 by Supervisor Staats:
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- Highway garage project has been completed. It was repaired and painted.
- Garage window grant was completed.
- Brownfields project is progressing and will be ongoing.
- Emergency Preparedness Plan is in place.
- Concluded audit with Comptroller’s office.
- Town policies have been updated and more will be done.
- New ball field infield has been installed on town property. Backstop will be moved over and should be ready in the spring.
- Town wide reassessment was completed this year so that all properties are equitable.
- Community House ceiling has been repaired this year, front room was painted by Staats Contracting donation. John Connolly replaced kitchen floor.
- Landscaping has been done around the Community House and Town Hall.
- Town Hall was painted and repaired as needed. Upstairs was painted and organized.
All of this was done within the budget, and did not raise the taxes. The tax rate is .42 per thousand.
Ongoing for 2011:
- Completion of ball field.
- Brownfields work continues
- Emergency Preparedness Plan – continued work and updates
- Storm window installation on Community House
- Church wood repairs and painting
Supervisor Staats thanked the Board for all the effort and hard work.
SUPERVISORS REPORT:
- Supervisor Staats was a member of the Budget and Salary review committee this year and this is the first time in decades or possibly ever that there is a zero percent increase in the 2011 County budget. He will continue to ask questions, challenge unnecessary spending and look for additional ways to save money for the taxpayers at both the Town and County levels. He has also been voted Minority leader for the Democratic caucus for 2011 and appreciates the support of everyone at the County and in Clermont.
- There are few committee meetings in December so he does not have a county report.
- The Clermont Highway department did do an excellent job during the storm.
- Councilman Desmond pointed out that there was an article in About Town about Tousey Winery. The winery, located at the corner of Route 9 and Commons Road is open on Saturday and Sunday from 12:00 P.M. to 5:00 P.M.
ABSTRACTS:
- A motion was made by Councilwoman Moore, seconded by Councilwoman O’Neal to approve General fund abstract #1, vouchers #1-10 in the amount of $16,049.50. All in favor. So carried.
- A motion was made by Councilwoman Moore, seconded by Councilman Jones to approve Highway abstract #1, vouchers #1 and #2 in the amount of $2,098.44. All in favor. So carried.
PUBLIC COMMENT:
- Mr. Quintero asked if the board realizes how bad things are on the Cole Property. It is open and anyone can drive on the property. The board responded that it is private property and the DEC is regulatory and they have jurisdiction. We are not allowed to go on property without the homeowner’s permission. Mr. Quintero stated that you can view on satellite what is going on. Supervisor Staats would like to get the input from the attorney after he speaks to DEC.
- Charlie Larsen:
- The subdivision in 2001 by Clermont Farms was mentioned earlier, and he believes that they made an application for subdivision because they sold development rights to Scenic Hudson and that they made an application to the ZBA for a variance. He believes that the Quintero’s were notified by certified mail. Our code calls for the applicant to send out the notices, and he believes that state law says you only have to publish in the newspaper.
- The man from Lotus Energy who did the NYSERDA audit recommended changing the lights in town hall. It has been done at the firehouse and they have cut their expenses.
- There will be no ZBA meeting in January.
- He did have a problem with the G-tel cable but it has been resolved, the system is great and the service is good.
- Eileen Cassidy: Mrs. Cassidy lives on Regan Way and they drove the road and they thought that the road was plowed well enough in the recent storm.
A motion was made to adjourn by Councilman Desmond, seconded by Councilman Jones at 8:45 P.M.
Respectfully submitted,
Mary Helen Shannon, RMC
Town Clerk