CLERMONT TOWN BOARD

NOVEMBER 7, 2011

PUBLIC HEARINGS

The Clermont Town Board held public hearings on Monday, November 7, 2011 at 6:30 P.M., 6:40 P.M. and held the regular meeting at 7:00 P.M.

Those in attendance were Supervisor Raymond Staats, Councilwoman Dianne O’Neal, Councilman Robert Desmond, Councilwoman Nancy Moore and Councilman Richard Jones. Also present were Andy Howard, Town Attorney and 10 residents.

Supervisor Staats opened the public hearing on Local Law No. 4 of 2011, which is a revision of the Zoning Map, and changing the boundaries in the Nevis Hamlet. Councilman Desmond read a letter regarding the changes to the Nevis Hamlet boundaries and the map revision. The changes affecting the Nevis Hamlet is a reduction in the amount of acreage, which is in the one-acre hamlet zone. This acreage would now be in the two-acre residential agriculture zone. Although, Councilman Desmond was advised by our attorney that it was not necessary to notify those property owners whose boundaries may have been changed, letters were sent out.

• Judy Blessinger-Neary has concerned about wetlands but which are not labeled as such by DEC. The mobile home park is located in this hamlet and she is concerned about the water. It was explained that what is shown on the map in the dotted line is one acre, outside of that will be two acre. Her concern is that more parcels will have an effect on the water. She would like to see all two-acre zoning in Clermont. Supervisor Staats pointed out, that this change puts more land back into the two-acre zone.

• Charlie Larsen, who helped with the changes, stated that for fifteen years the Nevis Hamlet went as far as Langridge Road, which is mostly farmland. In these changes, they tried to work with the landowners to put the farmland back into the two-acre zone.
• Natalie Carnese asked what is in the hamlet that the board wants to preserve for historical purposes. Councilman Desmond responded that if you did away with it you would loose the designation. Councilwoman Moore pointed out that the hamlet had its own school district. Natalie feels that all should be two-acre zone throughout the town. She thinks it is unfair to designate her property. Once the economy recovers, land will be at a premium again.
• There were suggestions that a study should be done on the water tables. There was a discussion on the town wide survey done several years ago and there was overwhelming support for two acres or more in the predominant part of the town. In the hamlet it was overwhelming for one-acre in the hamlets. Councilman Desmond also said that two-acre zoning is justified for the separation of well and septic. Councilman Desmond suggested moving ahead with what we are doing and see what the Planning and Zoning boards would like to do with the hamlets, ie: eliminate or keep.

• Elaine and Reynolds Tate of Pleasantvale Road asked what else might affect property being taken out of the hamlet. Councilman Desmond went over permitted and not permitted uses in the hamlet.

Supervisor Staats said that in the next zoning review the hamlets would be taken into consideration.

The public hearing was closed at 7:15 P.M.

Supervisor Staats opened the public hearing on the Preliminary Budget for 2012. The Clerk read the notice. Evan Hempel asked if the Supervisor would go over some of the points of the budget. The Supervisor explained that there is still a fund balance to use, even though it is less than last year. This budget is .05% less than last year’s. Mr. Hempel asked if there would be savings if a used truck were purchased rather than a new truck? Supervisor Staats explained that these trucks are a high use vehicle and there is no increase in the tax base because this money has been accumulated over years. Each year funds are budgeted for the equipment reserve fund for replacing pickup trucks, backhoes, etc. Councilman Desmond pointed out that you want a truck to be dependable when you have a snowstorm or other disaster. Eileen Cassidy asked how much is in the fund? Supervisor Staats responded that there is $230,000.00.

Evan Hempel also empHasked why the Highway employees were getting raises and why others are not getting a raise. The Supervisor explained that our highway employees and Superintendent are not getting paid more than other highway superintendents or employees in the county highway. They do a lot of other work for the town, eliminating the need to hire out.

The public hearing was closed at 7:25 P.M.

REGULAR TOWN BOARD MEETING

Following the public hearings the regular meeting of the Town Board was opened.

EXECUTIVE SESSION: A motion was made by Councilman Jones, seconded by Councilwoman O’Neal to enter into executive session at 7:25 P.M. to discuss possible litigation. All in favor. So carried.

A motion was made by Councilman Desmond, seconded by Councilwoman O’Neal to come out of executive session at 7:43 P.M. All in favor. So carried.

Town Attorney Andy Howard spoke to Marsha Ellis in the legal affairs department and investigations at DEC regarding the William Cole property on Route 9G. There have been complaints of leachate transferring offsite and DEC is investigating and sampling as part of the solid waste program on the original dumping site. Once findings are reviewed, all avenues would be open to DEC in terms of enforcement on the former LaMunyan portion of the property. The Cascino section is not currently under review, as it was determined that it is not hazardous waste, but they will keep the town informed. It is an open investigation and there is nothing the town can do until DEC concludes their investigation. Councilman Desmond suggested having Andy call them every few months. Others concerns expressed by Mr. Quintero were whether mowing or use of recreational vehicles would have any effect. Andy asked about mowing and was told that mowing would not be in violation of regulations or standards. As for recreational vehicles, the issue would be if this were having any kind of effect in regards to materials on site, but if it is not aggravating or disturbing the environmental waste, it would be permitted. If there were any disturbance, DEC would have a say in it.

MOTIONS:

• A motion was made by Councilman Desmond, seconded by Councilwoman O’Neal to have our attorney resolve South Road Builders assessment grievance pursuant to recommendations by the Assessor.

• A motion was made by Councilwoman Moore, seconded by Councilman Desmond to approve Local Law No 4 of 2011. A roll call vote was held as follows:

Councilwoman O’Neal, aye; Councilman Desmond, aye; Councilman Jones, aye: Councilwoman Moore, aye; Supervisor Staats, aye. Passed unanimously.

• A motion was made by Councilwoman O’Neal, seconded by Councilman Desmond to approve the minutes of the October 3^rd regular meeting. All in favor. So carried.

• A motion was made by Councilwoman O’Neal, seconded by Councilman Desmond to approve the minutes of the October 11^th special meeting to open bids for storm windows. All in favor. So carried.

TOWN CLERKS REPORT: The Town Clerk read the clerk’s report for October and presented a checks for the General Fund for $475.69 and for Trust and Agency for $450.00. A motion was made by Councilman Desmond, seconded by Councilwoman O’Neal to approve the Town Clerks report for October. All in favor. So carried.

CORRESPONDENCE:

• The Veterans of Foreign Wars Post 6398 will hold ceremonies to "Remember All Veterans" on Sunday, November 13, 2011 at 2:00 P.M. in Clermont.
• Techno Expo and Open House by G-tel will be held at the Clermont Town Hall on Friday, November 11, 2011 from 2:00 P.M. to 7:00 P.M.
• Lost and Found Pets: Please contact the Dog Warden is a pet has been lost and found by phone 518-537-2483 or by email at NewLeash11@yahoo.com
• Web Committee: Charles Larsen reported that there is information about the Emergency Preparedness Plan that is outdated. Councilwoman Moore will check.

COMMITTEE REPORTS:

• Councilman Jones reported that the application for driveway permit for entrance from Route 9 to town property has been submitted. He will query in the next few weeks.

• GARAGE WINDOWS: Councilwoman O’Neal reported that the paperwork for NYSERDA Grant for garage windows has been submitted. We will be getting about $1400.00, which is more than we thought because windows cost more. It was also reported that Daniel Rivenburgh, a senior at Germantown Central School, wants to work on a grant and do research. He will work on Iroquois grant for playground equipment. Councilwoman O’Neal thanked him for volunteering.

• ZONING: Councilman Desmond reported that the public hearing was held for zoning map and Nevis hamlet boundaries prior to the meeting. There were suggestions that the hamlets should be two acres. Councilman Desmond would like to hear opinions on this and interested parties may communicate to the Town Board. Councilman Desmond will review with the Planning and Zoning Boards for their imput.
• EMERGENCY PREPAREDNESS PLAN: Councilwoman Moore will be working on updating the plan for the coming year. She will also check on the website.
• COMMUNITY HOUSE STORM WINDOWS: The bid for the Community House storm windows was awarded to Jennings Contracting for $9200.00. The windows were ordered and should be installed by the end of this month or early December. We did apply for storm window grant for Community House but did not receive it.

• DEC: Town Attorney Howard updated on this.

• BALLFIELD: The ball field parking area has been completed. A discount was given by Keil’s Equipment for rental of equipment. As funds becomes available we can put more into it. We have gotten donations and discounts from many suppliers. Elizaville Sand & Gravel for the gravel and Royal Flush gave a discount for the port-a-toilets. G-tel helped trench the lines for the scoreboard and Moore’s Electric did the hookup. G-tel will be providing the electricity for the scoreboard.

NEW BUSINESS:

• BUDGET FOR 2012: A motion was made to adopt the 2012 budget by Councilman Desmond, seconded by Councilman Jones. All in favor. So carried.

• FEMA: The highway department budget will be over budget for purchase of ice sand and salt this year. The Supervisor proposed moving the funds received from FEMA for $9738.00 for ice storm reimbursement from the Highway FEMA Aid- DA4960 to Highway Snow Removal DA5142.4.

A motion was made by Councilman Desmond, seconded by Councilwoman O’Neal to approve Budget Amendment No.1 of 2011 to transfer funds within the Highway budget. All in favor. So carried.

SUPERVISORS REPORT:

• COUNTY BUDGET: As presented, the county budget will increase $900,000.00, which is just under 2% increase. The Supervisor would like to reduce it down to a 0% increase, and feels that there are areas where it could be reduced. There will be a meeting this week and he will be involved.
• PINE HAVEN HOME: There is no new update, proceeding with building a new home.
• COURTHOUSE RENOVATIONS: No update.
• OCKAWAMICK SCHOOL: Will probably go up for sale.
• WALMART: No update
• RAILROAD AVENUE PROPERTY: Phase II testing is proceeding on DSS location on Railroad Avenue. The County will probably purchase this building if tests come back within a feasible remediation amount.
• ELECTION DAY DINNER: The Village Green Committee is holding Election Day Dinner at the Community House on Tuesday, November 8th from 5:00 to 8:00 P.M.
• SNOWSTORM: The Supervisor said that we were lucky with last week’s snowstorm but our neighbors were hit hard to the east with power outages and heavy snow.
• TRUCK PURCHASE: There will be a special meeting on Monday, November 14^th at 6:00 P.M. to open bids for advertised truck body and equipment. The estimate received by Highway Superintendent for the chassis came in less than what has been budgeted.

MOTIONS:

A motion was made by Councilwoman Moore, seconded by Councilwoman O’Neal to approve General Fund abstract #11, vouchers #299-333 for $9,468.73. All in favor. So carried.

A motion was made by Councilwoman Moore, seconded by Councilman Desmond to approve Highway Fund abstract #11, vouchers #117-139 in the amount of $17,817.12. All in favor. So carried.

A motion was made by Councilwoman Moore, seconded by Councilman Jones to approve Capital Projects abstract #7, vouchers #8 and 9 in the amount of $1,941.40. All in favor. So carried.

PUBLIC COMMENT:

• Ray Quintero: Mr. Quintero brought a list of all the compounds that DEC found on the former LaMunyan dumpsite. He feels that mowing should not be done because the vegetation helps to remove the water that seeps out from the leachate pond. There is a forty-seven acre parcel behind owned by Erno Szemes, which is never mentioned behind the former LaMunyan dumpsite. He doesn’t understand why we have no permits for dirt coming into a property. He sees nothing in the zoning ordinance about dirt coming into a property. Councilwoman O’Neal agrees that if you need a permit to remove fill, there should be a permit to bring fill in. Supervisor Staats stated that this is on the list of subjects to be discussed in zoning changes. He also said that the Zoning Board Minutes aren’t on the website and Tax ID numbers are not always in the minutes. He asked Councilman Desmond if all assessments went down in town. Councilman Desmond stated that in general for residential properties were reduced on average about 7%. Mr. Quintero asked the reason for this. Councilman Desmond explained that each year the state and assessor look at the properties sold in town in relation to assessments. The Assessor adjusts the assessments each year. The assessments for next year will be based on sales, which have taken place and have been exceeding the assessed levels. Mr. Quintero will look into this further.
• Judy Blessinger-Neary: Concerned about a permit for bringing in dirt. It was explained that this permit would be for bringing in large quantities of dirt from unknown sources.

A motion was made to adjourn by Councilman Jones, seconded by Councilman Desmond at 8:35 P.M.

Respectfully submitted,

Mary Helen Shannon, RMC

Town Clerk