PUBLIC HEARINGS
FEBRUARY 7, 2011
Public Hearings on the following were held prior to the regular Town Board meeting.
Those present were Supervisor Staats, Councilwoman O’Neal and Councilman Jones. Councilwoman Moore and Councilman Desmond were absent. Also present was Andrew Howard, Town Attorney and three residents.
The Clerk read the public notice for Local Law No.1 of 2011 to consider amending previously adopted legislation by the adoption of proposed Local Law No.1 of 2011, pursuant to the requirements set forth in the New York State Real Property Tax Law Section 458-a, to modify the exemption levels for Veterans who rendered military service to the United States during specified time periods, in a combat theater or war zone during specified time periods, or who have been determined to be disabled by the United States Department of Veterans Affairs or the United States Department of Defense. There was no public comment. Supervisor Staats closed the public hearing.
The Clerk read the notice for Local Law No.2 of 2011 to consider amending previously adopted legislation by the adoption of proposed Local Law No. 2 of 2011, pursuant to the requirements set forth in the New York State Real Property Tax Law 467 and 459-c to increase the sliding scale schedule relative to the income levels and percentage of assessed valuation exempt from taxation for persons 65 years of age or older and for Disabled and Low Income Citizens. There was no public comment. Supervisor Staats closed the public hearing.
CLERMONT TOWN BOARD
FEBRUARY 7, 2011
The Clermont Town Board held its regular meeting on Monday, February 07, 2011 at 7:00 P.M. at the Town Hall following the public hearings. Those in attendance were Supervisor Raymond Staats, Councilwoman Dianne O’Neal and Councilman Richard Jones. Councilwoman Moore and Councilman Desmond were absent. Also present were Town Attorney, Andrew Howard and five residents.
Supervisor Staats opened the meeting with the salute to the flag.
Supervisor Staats asked Andy Howard, Town Attorney, to contact DEC regarding the William Cole property on Route 9G. Mr. Howard did inquire about where the DEC was in connection with investigation, the status of enforcement actions on the site and what direction the Town of Clermont should take as far as building permits, Planning or Zoning action. He received a letter from Richard Forgea of DEC. They are presently investigating both sites. There should have been closure of the former LaMunyan site and they are reviewing. The Town of Clermont should issue no building permits or other approvals unless signed off on by DEC. Any activities regarding that site will be forwarded to DEC before any action. Councilman Jones asked if we should pass a motion that there should be no further development on the site. Copies of this letter should be sent to the Building Inspector, Planning Board and Zoning Board of Appeals. Councilwoman O’Neal made a motion, seconded by Councilman Jones that we resolve to state that we are in support of the DEC restrictions on the William Cole property on Route 9G and we are in possession of a letter from them on February 3, 2011 and will forward it to the Planning Board, Zoning Board of Appeals and Building Inspector. All in favor. So carried.
A motion was made to adopt Local Law No.1 of 2011 by Councilman Jones who is in support, seconded by Councilwoman O’Neal. All in favor. So carried.
A motion was made to adopt Local Law No. 2 of 2011 by Councilwoman O’Neal, seconded by Councilman Jones. All in favor. So carried.
The Supervisor introduced Resolution No. 36-2011 to make a budgetary transfer to increase the compensation of the Assessor due to an error in the budget, decreasing the Supervisor account A1220.4 by $360.00 and increasing the Assessor account A1355.1 by $360.00. Supervisor Staats noted that during budget workshops we acknowledged we would give the Assessor a $2000.00 increase this year. This did not get into the budget. A motion was made by Councilwoman O’Neal to approve Resolution #36-2011, seconded by Councilman Jones. All in favor. So carried.
The Supervisor introduced Resolution No. 37-2011 to enter into an agreement with Canaan Fellowship for the use of the Clermont Community House for the period January 1, 2011 through December 31, 2011 for $4,000.00 per year. A motion was made by Councilman Jones, seconded by Councilwoman O’Neal to approve Resolution No. 37-2011. All in favor. So carried.
The Supervisor introduced Resolution No. 38-2011 to enter into an agreement with Pine Plains Veterinary Associates, P.C. for the period January 1, 2011 through December 31, 2011 to act as kennels for the Town of Clermont. A motion was made by Councilwoman O’Neal, seconded by Councilman Jones to renew the contract with Pine Plains Veterinary Associates. All in favor. So carried.
A motion was made by Councilwoman O’Neal to enter into executive session for the purpose of discussing pending litigation at 7:10 P.M. Motion seconded by Councilman Jones. All in favor. So carried.
A motion was made by Councilwoman O’Neal, seconded by Councilman Jones to come out of executive session at 7:15 P.M. All in favor. So carried.
BROWNFIELD: Andy Howard thanked Mr. Zimmerman for the survey information and legal descriptions so that he could file a proposed draft for DEC for their review as part of the package put together by C. T. Male. This has been in front of them for about three weeks. At the end of last year, they requested the information for environmental easement, which lays out all the descriptions of the activities and where they were going to apply. He has formerly described exactly what environmental easement that will be filed. Councilman Jones commented that this was discussed with the committee that is supported by the residents. These comments were circulated and incorporated into the site management plan according to the board. At this point, we are awaiting comment from DEC. There may be revisions to what has been submitted.
Andy Howard explained to Ray Quintero and Carol Livellara who had just arrived, that he had spoken to Richard Forgea and an enforcement officer and they explained that both the old site and the new site are under DEC investigation presently. Mr. Forgea sent a letter that there should be no permits issued or take any administrative action without the DEC’s consent. The board authorized that a copy of the letter be sent to the Building Inspector, Planning Board and Zoning Board of Appeals. A copy of the letter was given to Mr. Quintero. He also asked about having public comment at the beginning of the meeting rather than at the end of the meeting.
MINUTES:
A motion was made by Councilwoman O’Neal, seconded by Councilman Jones to approve the minutes of the Organizational meeting held on January 3, 2011. All in favor. So carried.
A motion was made to approve the minutes of the January 3, 2011 meeting by Councilwoman O’Neal, seconded by Councilman Jones. All in favor. So carried.
The minutes of the Audit and Review of Town Books held on January 15th will be voted on at the next meeting because neither Councilwoman O’Neal nor Councilman Jones were present on January 15th.
CORRESPONDENCE:
- Town Clerk’s Report for January: A check for the General fund in the amount of $1,308.00 was presented to the Supervisor. A motion was made to accept the Town Clerks report by Councilman Jones, seconded by Councilwoman O’Neal. All in favor. So carried.
- A letter was read from Grace Goldberg who must resign as an alternate to the Office for the Aging. If anyone is interested in the community please contact the Supervisor or Town Clerk.
- Columbia County Solid Waste will be accepting appliances and metal during the months of February and March – free of charge.
- County Agriculture and Farmland Protection Board holding a public forum on February 19th 10AM to 12PM, Copake Town Hall, March 3rd from 7 PM to 9 PM at Activities Building in Germantown, March 19th 10 AM to 12 PM at Stuyvesant Town Hall.
- Letter to Clermont Highway Department on behalf of Town Board and residents for an outstanding job done this year on plowing and maintaining our roads.
- The Zoning Board of Appeals meeting for February will be held on Friday, February 25th at 7:30 P.M.
- Website: The correspondence and ZBA meeting change will be posted on the website.
COMMITTEE REPORTS:
- Councilman Jones noted that we designated $4000.00 to Germantown for use of the facilities. Councilman Jones wrote a letter to the Town board regarding this donation. He said the cost per child does not support the donation. He is requesting that the funds be moved into the Clermont Recreation Fund. He also added that the costs to use the Bard College gym, which for adults is just over $4.00 per visit, and a modest fee for the children. There are already cheaper alternatives. Supervisor Staats said that the board would have to hold a special workshop to discuss this further.
- Councilman Jones also suggested uses of former Hettling property. He suggested soccer field, little league ballfield, hiking trails, playground, and picnic facilities. He believes that there are many things that can be done that won’t cost much. Supervisor Staats stated that we couldn’t do anything on the property until such time as we receive the approval from DEC. Councilman Jones does not accept this because we have been waiting for several years. He maintains that the existing driveway can be used as hiking trail but the rest of the board believes we have to wait until we hear from DEC.
- Councilwoman O’Neal: The History department has purchased the laptop and has received a donated scanner and printer. They will be setting up the History Loft on the second floor of the Town Hall.
OLD BUSINESS:
The repairs for the Pleasantvale Bridge went out to bid and have not been received back yet. He believes it will be at least March before it reopens.
New Business:
We have passed the Local Laws and the resolutions for Canaan Fellowship and Pine Plains Veterinary Associates earlier in the meeting.
SUPERVISOR REPORT:
- Walmart Purchase: The County has been looking into this, the CRC is going to purchase the building and possibly lease it to the County. The DSS building has to be vacated because the lease is coming up.
- Pine Haven Home: The committee is currently examining possible sites for new building. They are looking at putting it on the Ockawamick property, which may be a less costly. The design for the new building looks beautiful.
- Highway Department: The County budgets and town budgets are being stressed and have used a lot of material for these storms. The County has used about 50% of their budget in three weeks. The town is all right now, but we don’t know what the weather will be like through the rest of the winter and next fall and winter.
- Court House Renovations: It looks like work will start this year.
- DSS: They have been receiving applications from residents but the cases are getting backlogged because of staffing.
- Clermont Fire Company has a Roast Beef dinner, Saturday, February 26th at 7:00 P.M. on Route 9G. Tickets are available from any Fireman and at the Town Hall.
- Zoning Board meeting has been changed to Friday, February 25 at 7:30 P.M.
PUBLIC COMMENT:
Ray Quintero: He believes that DEC is looking into barricading the William Cole property. He has a petition and anyone interested in signing should contact him at Clermontdump@gmail.com. He agrees with Councilman Jones about Bard College because there are a lot of activities. He would like to see the minutes uploaded five days after the meeting rather than waiting a month. He asked about uploading the Zoning Board minutes. He also would like to see the Tax I.D. number in the minutes of the Planning Board. As to the certified mailings sent out to the adjoining landowners, the applicant should bring a map to the meeting and the Planning Board should check it over. If one of the mailings did not get sent out, the hearing should be postponed. Councilman Jones said that usually the surveyor or engineer would do that. As Charlie Larsen pointed out the ZBA doesn’t usually have a surveyor or engineer involved. Mr. Quintero pointed out that he did not get notified of an action at Clermont Farms for a hearing. Charlie Larsen stated that it was a joint public hearing between the Planning Board and the Zoning Board and the records are in the ZBA file. The original hearing was postponed and a second letter was not sent out. There is no law that notice should be sent out only that a notice be in the newspaper. Mr. Quintero thinks there should be a law that notices should be sent out. He would also like to see a law about bringing in dirt to fill. There is a law for removal of dirt.
Chris Nolan: Thanked Mr. Quintero for his productive suggestions. He also thanked the Highway Department for doing a good job. He asked residents to send them a letter. He also wonders about the budget. He commented on the Pleasantvale Road Bridge and the lower car and truck traffic. Could we get a traffic counter to get an idea of how many cars are using the town road and the bridge before it is repaired and after it is repaired. Councilwoman O’Neal said that we discussed how to eliminate the truck traffic but Supervisor Staats said that it would be difficult. Councilman Jones believes that the County could assist us with overweight vehicles on the bridge, which can be determined by possibly taking pictures.
Mr. Nolan returned an application for grant funding for the original study done in August 2001 for the Clermont Historic Civic District. He also has information done for the calculation of energy use supporting the NYSERDA audit report. Councilwoman O’Neal said that they were used for the recent grants.
Thanked the town for keeping the budget under control. The school portion of the tax bill is the majority of the tax. The school budgets are developed and the budget vote is in May.
Charlie Larsen: On the traffic on Commons Road, there are a number of vehicles that are agricultural that have land on both sides of the bridge. Charlie attended training session at the college put on by the Columbia Land Conservancy and the last session he attended was mediocre. This session was on the Conservation Advisory Council. There were five planning board members present and him and it was not something that pertained to them. He would like to have the Supervisor talk with County Planning and ask them why they are not holding these training sessions.
ABSTRACTS:
A motion was made by Councilwoman O’Neal, seconded by Councilman Jones to approve Highway Abstract #2, vouchers #3-26 in the amount of $23,111.22. All in favor. So carried.
A motion was made by Councilwoman O’Neal, seconded by Councilman Jones to approve Trust and Agency abstract #1, vouchers #1 in the amount of $115.50. All in favor. So carried.
A motion was made by Councilwoman O’Neal, seconded by Councilman Jones to approve General Abstract #2, vouchers #11 – 42 in the amount of $19,198.49. All in favor. So carried.
A motion was made to adjourn by Councilman Jones, seconded by Councilwoman O’Neal at 8:27 P.M.
Respectfully submitted,
Mary Helen Shannon, RMC
Town Clerk