Town Board Meeting

CLERMONT TOWN BOARD

JUNE 3, 2013

 

The Clermont Town Board held its regular meeting on Monday, June 3, 2013 at 7:00 P.M. at the Town Hall. Those in attendance were Supervisor Raymond Staats, Councilman Robert Desmond, Councilman Edward Kahle, Councilman Evan Hempel and Councilwoman Nancy Moore. There were five residents present, as well as, Joe Gentile of the Register Star and Andrew Howard, Town Attorney.

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

MINUTES:

Minutes of the Public Hearing on Local Laws No. 1 & 2 of 2013 held on May 6, 2013:

Councilman Kahle commented that after he thought about it, he thinks that the 50 cubic yards should have been a higher amount than what was approved because it takes quite a bit of fill for a septic system or a driveway. If he were to vote over, he would not approve, because of the fees involved. He realizes that we needed to do something to regulate the fill to avoid illegal filling, but 50 cubic yards is not very much. Councilman Desmond explained that without the law, if you wanted to bring in a wheelbarrow full, they would be paying a higher fee because they would have to go to the Zoning Board for a permit.

A motion was made to accept the minutes of the public hearing by Councilman Desmond, seconded by Councilwoman Moore. All in favor.

A motion was made to accept the minutes of the regular board meeting of May 6, 2013 by Councilman Desmond, seconded by Councilwoman Moore. All in favor. So carried.

Supervisor Staats asked our Town Attorney Andy Howard to address the public on several issues.

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    • He has provided a local law to address a word change in Section 8.22 of the Highway Specifications. He explained that this incorrect word was an oversight and needs to be corrected. The public hearing will be held July 1st at 6:45 P.M. prior to the town board meeting.
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    • At the April meeting, resolutions were passed to amend the Assessors salary for 2011 and 2012 and it was brought up by a resident at the May meeting, that it was an illegal action. Mr. Howard was notified by the Supervisor and he has researched this. It appears that there are options available for repayment of an error made by the accountant or the town. It is his understanding that the overpayment is around $500.00.
  1. Any legislative action is done by resolution or local law. This suggests that a local law is appropriate to make a change. Because the board brought this up at a meeting in an open way, had a discussion and in a transparent way passed a resolution, he will reach out to the comptrollers office counsel for an advisory opinion. He will write a letter for the Town Board seeking there guidance. Mr. Cassidy asked why you didn’t ask for the money back when you realized the overpayment. Supervisor Staats responded that the amount of the overpayment of $500.00, the board discussed this issue and the amount that the Assessor is saving the town on the reevaluations outweighs the overpayment. He is the lowest paid assessor in the county.
  2. Eileen Cassidy did not think it was about the amount of money, but the legality of the issue. She asked if the state says that the town has to ask for the money back, what will the board do? Does the board have to follow the opinion of the Comptroller’s office? Mr. Howard said there seems to be a level of discretion for the board with regard to how aggressively the funds are recouped. The amount of money involved is relevant.

TOWN CLERK’S REPORT: The Town Clerk read the report for May and presented the Supervisor with checks for the General Fund in the amount of $533.10 and for Trust and Agency for $500.00. A motion was made to accept the report by Councilman Hempel, seconded by Councilman Kahle. All in favor. So carried.

COMMUNICATIONS:

  • NYS Department of Agriculture & Markets inspection report for Pine Plains Veterinary Associates received a unsatisfactory rating based on the failure of several towns to have the required shelter contract in place. Our town does have the contract and is in compliance.
  • Pine Plains Central School District notified the town that the Superintendent of Schools is retiring on June 30, 2013 and the school budget passed.
  • Notice of public hearing from Town of Red Hook on provisions of the zoning law to be held on June 11th at 7:45 P.M.
  • Germantown Park Commission information about the summer park program is available at the town hall.
  • Letter from Desiree Webber thanking the Highway Department for their effort, commitment and pride in maintaining the town property.
  • Supervisor Staats presented the budget and revenue reports for May 2013.

COMMITTEE REPORTS:

  • BALLFIELD/PARK: Councilman Kahle and Mary Howard have been working on grants for the ballpark. They have considered large boulders and/or culvert pipes for the smaller children to climb on or through. They are working on the layout of the property and what can be done. Supervisor Staats will ask the insurance company about this possibility. Councilman Desmond has made some notes for a five to ten year plan of things that can be done with an estimated cost. He suggested raising funds through fund raising, grants, etc. Mary noted that 501-c3 organizations have an advantage when it comes to working with children. She suggested that support could be built through social media. Mary said equipment is available on state contract so it is matter of figuring it out and paying for it. Supervisor Staats said that Germantown did a fundraiser for their park equipment and with donated funds raised $65,000.00.
  • Councilman Desmond thinks that there should be padding around the basketball pole at the ballfield. It is about 4 ½ inches in diameter, 6 foot tall and would cost about $225.00. Evan asked if this was for outdoors, and it is for exterior use. A motion was made to approve the purchase for $225.00 plus shipping from the parks line 7110.4 by Supervisor Staats, seconded by Councilwoman Moore. All in favor. So carried. Councilman Desmond also suggested netting to keep the balls from going into the brush so the kids don’t get scratched. He will get more information on it. Councilman Kahle asked if snow fence could be used. This can be looked into.
  • SCHOOL BUDGETS: Councilman Hempel reported that all school budgets passed.
  • WEATHER EMERGENCIES: Councilwoman Moore reminded residents to be ready year round for bad weather.

OLD BUSINESS:

  • MILL ROAD BRIDGE: No new information on Mill Road Bridge.
  • DATA COLLECTION: The project is ongoing with about 20% having been completed so far. If residents are not home, she will leave a card in their door that she was there. Every property will be visited and cards updated.
  • BAR: There were four people who came and presented their case to the Board of Assessment Review. Supervisor Staats said that this is an example of the Assessor doing a good job. He did make some stipulations with residents on their assessment. Supervisor Staats said that the property values are very close and in line where they should be and this is reflected with the low turnout. Councilman Desmond commented that the assessment trended down this year in Clermont.
  • AUDIT: The auditor has been contacted and will meet on Wednesday with the Town Clerk and Supervisor.

NEW BUSINESS:

  • MORTGAGE TAX: A check was received for $17,644.87, which is close to what was budgeted or the first half of the year.
  • HIGHWAY SPECIFICATIONS: A public hearing will be held next month on Monday, July 1st at 6:45 P.M. on a local law to change a word in section 8.22 in the Highway Specifications.
  • CLERMONT COURT GRANT: Court Clerk Gallant wrote a grant for the Office of Court Administration for emergency lighting, shredder and air conditioner for the court which have been purchased. The copier is the last to be purchased. There is approximately $2000.00 left from the grant to put towards it. Councilwoman Moore asked if we own the other copiers. We do own them and we will take the current court copier and the other will either find a use for it or get rid of it.

 

SUPERVISORS REPORT:

  • CERTIFIED HOME HEALTH AGENCY: CCHA is being considered for sale by the County. There are six clients at this time and $250,000.00 was lost in the first quarter of this year. There is no way to reduce the cost because it is cost driven by salaries with the union. Negotiations are ongoing with the Union who is disputing the report. There will be a special meeting about this program this week.
  • COURTHOUSE PROJECT: The Supervisors took a tour of the courthouse and approved the heating upgrade for a new system for about $500,000.00. When bids came in for the total project, it was considerably less that what was bonded for the project. There is plenty bonded to cover the project, even with the upgrades. The asbestos continues to be the problem in the old building.
  • PINE HAVEN HOME: The committee is waiting for a letter from NYS Health Department as to whether architecture fees for 1.2 million dollars would still be reimbursable if the project is abandoned. The County has been told that if they abandon the project, the fees are still reimbursable. At this time, with reimbursements from the State, the home is breaking even or making a slight profit. Councilman Desmond asked if this was Medicaid reimbursement and if so the County would still have Medicaid recipients needing nursing home care and still have the same problem. Councilwoman Moore asked how many employees there are at Pine Haven. There are about 150 employees.
  • COUNTY VACANCIES: The Supervisor has started voting against any filling of new positions that come up before the committee. He has asked for a vacancy committee to review any vacancies. They have decided to reinstate the .1 Committee to study whether positions should be filled and Supervisor Staats will serve on this committee.
  • CELL PHONE TAX: The resolution for additional tax for the rising costs of the 911 system was tabled. He disagrees with tabling it and would rather authorize a User Tax so that it doesn’t come out of the budget and on everyone’s tax bills. He feels that only those who use cell phones should be taxed. It will be about $.30 per month.
  • PUBLIC WORKS: The County will be working on County Route 8 from Germantown into Clermont with culvert work and paving.
  • CLERMONT FIRE COMPANY BBQ will be held Saturday, June 8th.
  • CLERMONT VILLAGE GREEN BBQ will be held on Saturday, August 10th.

ABSTRACTS:

  • A motion was made by Councilman Desmond to approve General Abstract #6, vouchers #125-158 in the amount of $9563.89, seconded by Councilwoman Moore. All in favor. So carried.
  • A motion was made by Councilman Hempel to approve Highway Abstract #6, vouchers #50-58 in the amount of $57,830.91, seconded by Councilwoman Moore. All in favor. So carried.

PUBLIC COMMENT:

  • Eileen Cassidy expressed her disapproval of Mrs. Edward Kahles’ comments from the previous meeting and commended Councilwoman Moore for her no vote on Res. #47 and Res. #48 on the NY Safe Act.
  • Desiree Webber used the Community House and St. Luke’s for her daughters wedding and offered her volunteer service to oversee and promote the use of the church and Community House for a year. She noted that there are some minor upgrades needed, while keeping the historical significance, to make it more appealing.
  • Councilman Desmond said that there have been instances where things have been said about someone on the board or people in the audience and he doesn’t particularly like this, but has not commented at the time because he feels that people have a right to express their thoughts even if others disagree with them. He stated that the board has gotten along well and deals with issues that are the best for Clermont.

A motion was made to adjourn at 8:10 P.M. by Councilman Desmond, seconded by Councilman Hempel.

Respectfully submitted,

 

Mary Helen Shannon, RMC

Town Clerk

 

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