Minutes ofOctober 21, 2013 Germantown Town Board meeting, held at the GermantownTown Hall, Germantown, NY, commencing at 7:00pm

Present:Supervisor Roy Brown

Councilwoman Joan Snyder

Councilman Joel Craig

Councilman Michael Mortenson

Councilman Don Westmore

Recorded by:Town Clerk Charlene Diehl

Supervisor Brown opened the meeting and led the Pledge to the Flag.

Motion to approve the Septembertown board meeting minuteswas made by CouncilwomanSnyder, and seconded by Councilman Westmore, with all in favor and none opposed.

Motion to approve paying audited bills made by Councilman Westmoreand seconded by Councilwoman Snyder.

Supervisor Brown:AyeCouncilwoman Snyder:Aye

Councilman Craig:AyeCouncilman Mortenson:Aye

Councilman Westmore:Aye

Budget Transfer Resolution:

WHEREAS a budget transfer from the Germantown Police Department has been received, and

WHEREAS the request is in the amount of $525.70 in budget line A3120.4 $6,236.89 General Fund Contractual to budget line A3120.2 General Fund Equipment, and

WHEREAS the reason for this budget transfer is to cover the cost of the recently purchased weapons ammunition,

NOW THEREFORE BE IT RESOLVED that

The Town Board of the town of Germantown hereby approves the budget transfer as submitted.

Motion to approve the Budget Transfer resolution was made by Councilman Craig with a second by Councilman Mortenson.

Supervisor Brown:AyeCouncilwoman Snyder:Aye

Councilman Craig:AyeCouncilman Mortenson:Aye

Councilman Westmore:Aye

Communication – reported by Town Clerk

-No written communication to report.

Supervisor Brown asked the town lawyer Tal Rappleyea to update the board on the meeting held earlier with property owner Mr. Colangelo regarding the potentially unsafe violation notice given by Code Enforcement Officer John Fieser. Mr. Rappleyea told the board that Mr. Colangelo is working with Mr. Fieser to resolve the issues and requested another 30 day extension that was given.

Motion to approve the Code Enforcement Officer’s request for a 30 day extension to address the potentially unsafe Colangelo property was made by Councilwoman Snyder with a second by Councilman Mortenson.

Supervisor Brown:AyeCouncilwoman Snyder:Aye

Councilman Craig:AyeCouncilman Mortenson:Aye

Councilman Westmore:Aye

Property on Camp Creek Road has been sold and there is a cemetery the town may need to take over. Supervisor Brown asked Mr. Rappleyea what steps will need to be taken before the town takes over. Mr. Rappleyea said the town has to learn the status of the cemetery before proceeding further, i.e., if there are still open plots available. If the town is responsible it will need to be budgeted for maintenance, and he will look to see if there has been any money allocated for maintenance from the previous owner.

Supervisor Brown reminded the board the town currently maintains one cemetery in Cheviot, and that the board will need to work with the town attorney, the previous owner and the town funeral director to determine a plan of action.

Department Updates

Highway Department – reported by Councilman Mortenson

-Getting trucks ready for annual inspection;

-Getting equipment painted and ready for winter;

-Cleaning ditches and basins of leaves;

-Storm damage by Anchorage was extensive and crew has been cleaning up;

-Cheviot docks were removed on the 18th and the Anchorage docks will be removed on the 29th.

Police Department

-No report available.

Sewer – reported by George Sharpe Jr.

-Average flow for the month was 21,000 gallons per day;

-21 Call Before You Dig calls were received;

-Getting ready for cold weather.

Parks & Maintenance – reported by Anthony Cidras

-Working on trails – spreading wood chips;

-Installed snow fence at the Parsonage;

-Fixed issues in men’s bathroom in the ActivitiesBuilding;

-Listened to the Webinar for the lake, and distributed info to board members;

-Floors shampooed in the town hall;

-Anthony and Janet cleaned out the back room of the court room at town hall;

-Treated the lake twice;

Anthony requested a new laptop which will be used to plug into the solar panels to get readouts, as he has to access the solar panel box through a laptop. The school will be able to tie into the system and their science department will be able to track energy usage, and Anthony may be able to prevent potential problems from monitoring the system.

Motion to approve the purchase of a laptop, estimate given of $779, for the Maintenance Department was made by Councilman Westmore with a second by Councilwoman Snyder.

Supervisor Brown:AyeCouncilwoman Snyder:Aye

Councilman Craig:AyeCouncilman Mortenson:Aye

Councilman Westmore:Aye

Supervisor Brown asked Anthony about the Webinar he attended on the lake treatment, and if it was possible to set up a meeting with the treatment company and the board so they can discuss the proposed island that has been recommended.

Councilman Craig also mentioned to Anthony that at the Parsonage there’s an outside railing going upstairs that is rough, and Anthony will take a look at it.

Economic Development

-Meeting on Saturday, Oct. 26th at 9:00am at Gtel.

Parks Commission – reported by Councilman Craig

-On Saturday, October 26th there will be a costume parade lining up at 6pm at Palatine Manor – the parade ends at the school where there will be a mad science show and costume prizes at 7pm.

Sidewalk Committee – Roy Brown

Supervisor Brown said the final drawings for the right-of-way have been sent to the DOT in Poughkeepsie. Once DOT approves the drawings, the town can formally go out to the property owners and make the right of way requests and prepare the bid documents. Mr. Brown believes late spring/early summer will be the beginning of the sidewalk construction.

History Department – Sue Raab

-A letter was received from the Hover Trust along with a grant of $5,000;

-Thanks to the board for supporting Palatine Heritage Day.

Ms. Raab said the department is still working out some issues on getting a computer at the town hall for the electronic display, and Supervisor Brown said putting the computer at the town hall won’t be a problem.

Old Business

Supervisor Brown updated the board on the Troy and Banks utility audit report recently done; the company reviewed the town’s utilities and found $181.99 to go back to the Sewer District for overcharges in the Sewer District. Mr. Brown said the town should be receiving another information packet from Troy and Banks on the utilities soon and that their fee was $50.00 for finding the overpayment.

Supervisor Brown reminded the audience that Zoning and Planning board members are needed and to contact the town hall if interested in serving.

New Business

Supervisor Brown said there is a three-town member (Germantown, Clermont and Livingston) representation at the countyPlanning Board, which is called Region 6. Larry Salpaugh’s term is up and the recommendation is to reappoint him as he’s done a great job. The other towns are expected to reappoint him as well.

Motion to reappoint Larry Salpaugh to the Region 6 County Planning Board was made by Councilman Craig with a second by Councilman Mortenson.

Supervisor Brown:AyeCouncilwoman Snyder:Aye

Councilman Craig:AyeCouncilman Mortenson:Aye

Councilman Westmore:Aye

Northern Dutchess Paramedics Chargeback Agreement

Whereas, by Resolution Number 287-2002 of the Columbia County Board of Supervisors dated the 9th day of October, 2002, the Columbia County Treasurer is authorized to establish chargeback accounts for any municipality wishing to have said municipality’s expenditure for Rescue Squad services imposed upon County real property tax bills for the amount attributable for such expenditure; and

Whereas, the Town Board of the Town of Germantown has determined that the County Treasurer shall charge back the amount specified herein to the real property taxpayers of said Town responsible for such expenditure; and

Now, therefore, the undersigned parties agree as follows:

  1. That the Town hereby requests that the Treasurer of the County of Columbia charge the appropriate real property taxpayers within the Town the sum of $82,812.40 on the proportionate basis of real property tax assessments within said Town; and
  2. The Town hereby requests that the Treasurer of the County of Columbia, upon collection of said amounts, pay to the North Dutchess Rescue Squad the amount of $82,812.40.
  3. The chargeback account established by the Columbia County Treasurer for the Town of Germantown for rescue squad services shall be Account #A043I00.

Motion to approve the Northern Dutchess Paramedics Chargeback Agreement was made by Councilwoman Snyder with a second by Councilman Westmore.

Supervisor Brown:AyeCouncilwoman Snyder:Aye

Councilman Craig:AyeCouncilman Mortenson:Aye

Councilman Westmore:Aye

Councilman Westmore asked if the company provided invoices after service and if the town was involved in the process and Supervisor Brown replied no. Northern Dutchess bought the Certificate of Need (CON) and controls the area. Northern Dutchess asked municipalities to contribute toward their costs and that after the recession the towns have not increased their contributions due to budget constraints. Northern Dutchess wants to meet with the county to discuss increases in funding but no meeting has been scheduled yet.

Councilman Craig asked how the payments were made and Supervisor Brown was not sure how the monies were distributed but that it doesn’t come out of the town taxes.

Justice Court Assistance Program Grant – Supervisor Brown said one of the court’s requests is to replace the front and back door locks and use a key fob system. There will be a switch contained in the town clerk’s office to switch the fobs off for building access.

WHEREAS, the Town of Germantown Town Justices desire to submit a New York State Office of Court Administration 2013 Justice Court Assistance Program (JCAP) Grant application; and,

WHEREAS, said grant application will be for funding to install building security improvements, including new building doors, key fob controlled access, 3 new computers, a new printer and copy/fax machine; and,

WHEREAS, said JCAP grant application must be signed by both Town Justices and the Town Supervisor,

NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Germantown authorizes the JCAP grant application be made on behalf of the Town of Germantown; and

BE IT FURTHER RESOLVED, that the Town Board of the Town of Germantown authorizes the Town Supervisor to sign the JCAP grant application.

Motion to approve the JCAP Grant application was made by Councilman Craig with a second by Councilwoman Snyder.

Supervisor Brown:AyeCouncilwoman Snyder:Aye

Councilman Craig:AyeCouncilman Mortenson:Aye

Councilman Westmore:Aye

Supervisors Report

-Town Board has completed the budget work for the year and is at 1.62% tax increase. There will be a Public Hearing on the Budget on Thursday, November 7th at 6:30pm at the Town Hall. If there are no serious issues for the board to consider then they will go into regular session and adopt the budget for 2014. The county is working on their budget but no information known at this time.

-Flu Shots will be given on October 30th from 9:30-11:30 at the Town Hall;

-Thanksgiving Day Dinner will be served from the ActivityBuilding on November 28th from 12:00-1:00. Call Donna Diehl at 537-6405 if you are interested in getting a dinner. Mrs. Diehl has been doing this for years and has received several accolades for providing it.

-Thanks to the Highway crew and Anthony for their help with cleaning up after the bad storm on October 7th.

Open to Public

John Fieser – said he is working with Mr. Colangelo about the ongoing safety concern and Supervisor Brown said once Mr. Fieser determines the issues have been addressed then the matter will be closed.

Mr. Fieser said there is an issue in the Cheviot area regarding a renovation/addition and that a couple of the neighbors do not like the color of the metal roof installed, and that in their opinion the color of the roof does not meet the nature of the neighborhood. Mr. Fieser went down to look at the roof and said the tone of terra cotta red is in the earth-tone palette, though there is no other metal roof in the area. The zoning regulations do not specifically address this issue other than it should fit into the natural surroundings. Mr. Fieser doesn’t feel the color of the roof is not an acceptable color and asked if he will need to pick colors in the future. He said the roofing material was thousands of dollars and factory painted and that color is in any historic palette of colors.

Councilman Westmore confirmed that the first step of the neighbor’s complaint is to bring the issue to John Fieser and then if they are not satisfied the recourse is to bring it to a higher state level.

Councilman Craig suggests that Mr. Fieser speak with the town attorney to see how to proceed on such an issue.

Supervisor Brown will work with the town lawyer and Mr. Fieser on how to proceed.

The owner of the property stated there is a cottage down the road which has a red roof and she picked a palette that fits in with the town colors, and that the roof being replaced was originally blue.

Claude Jean, who lives on Cheviot Road, asked if the colors have been defined in the zoning laws and if the colors aren’t defined then how is a homeowner to know what specified colors to choose. He considers the action of the homeowner’s neighbors as harassment.

Supervisor Brown said this is the first time this issue has arisen and he will reach out to the attorney to see what, if any, action can be taken.

Kay Abraham – if no colors are designated for scenic overlay, the owner should not be penalized. Mrs. Abraham believes this is not an issue the town should get involved in.

Next town board meeting is November 18that 7:00pm.

Motion to adjourn the meeting was made by Councilwoman Snyder with a second by Councilman Craig, with all in favor and none opposed.

Respectfully submitted,