Town of Kinderhook
Town Board Special Minutes
March 4, 2017
The Town Board Special meeting was held at the Town Hall, Valatie, N.Y.
The purpose for the special meeting is to continue with the public hearing regarding WildFlower Road and any and all business that comes before the Town Board.
Supervisor Grattan called the meeting to order at 9:00AM.
Present: Supervisor Grattan
Councilman Ooms
Councilwoman Leader
Councilman Voltz
Councilman Phil Bickerton
Town Clerk Pinkowski
Town Attorney Andy Howard
Town Engineer Pat Prendergast
15 (fifteen) other people were present.
All present pledged allegiance to the flag.
Supervisor Grattan opened the meeting at 9:00am.
Town AttorneyHoward- explained in length the process of the Town taking over Wildflower Road and how to proceed. He said the public hearing is for the residents to be heard. He said that there were two residents on the road that voiced that they were not interested in the takeover. He read the language in the statue regarding a dedication and that the road would have to be paved for the Town to consider taking it over.
Keith Pierce- said that the State Law isn’t consistent with the comprehensive plan. He said that there are other residents that are out of Town, that they couldn’t make a decision. He spoke of the letters that were sent out and that some people did not receive them.
Veronica Pierce- asked what the payment would be.
There was discussion on how much the cost would be.
Jeff Cloak- said that the people that may have not received the letters may live out of Town.
Stewart Nerbo-asked who gets to vote?
Town Attorney Howard- explained that there could be a special election. He explained the process.
Jeff Cloak-asked what happened if someone wasn’t registered.
Veronica Pierce- said that the issue is whether it is statutory, not being paved but maintained as a dirt road. Mason is a dirt road, it is inconsistent with the nature of the area, would the Town Board entertain a dirt road.
Town Attorney Howard- said that it is a recommendation now to pave a subdivision from a statutory constraint. The Highway Superintendent is not interested in taking over a dirt road. We would open ourselves to other private roads.
There was discussion between the audience members.
Bill Cook- asked how long the road was.
Town Engineer Prendergast- said 6 tenths.
Keith Pierce- said that Town officials are supposed to make decisions on the comprehensive plan and State laws and said there is a conflict in the law.
Supervisor Grattan- said that the comprehensive plan is a guide. He said there are a number of dirt roads in the Town and that they are hard to maintain. He explained that there are expenses with dirt roads.
Keith Pierce- said that if we could put the facts out to let the people decide.
Jeff Cloak- thanked the Town Board for showing up this morning; he said that they would like to see that there is a permissive referendum, to clarify how it affects them financially.
Someone from the audience asked how many were for or against.
Liz Doering- said she wasn’t against it but would like to pay her fair share.
Town Attorney Howard-explained a case in had in Austerlitz, he said we do want input from everyone.
Veronica Pierce- said she was in favor of the takeover, the primary concern being paving vs dirt road.
Steve Pierro-asked about the current owner and how that would come in play.
Bill Cook- said that the last piece of paper to the Schroons is that they would turn it over if they could have it insured forever.
Keith Pierce- spoke of the original document.
Councilwoman Leader- asked if all of the neighbors were in contact.
Keith Pierce- said people are just waiting for numbers.
Councilwoman Leader asked what would happen if someone sells their house.
Town Attorney Howard said that it would be a special district tax.
There was discussion between Councilwoman Leader and Jeff Cloak in whether it might affect the sale of the house.
Phil Bickerton asked how a referendum is done?
There was discussion on how the vote would be done. Attorney Howard said he would look into everything about the vote. Supervisor Grattan will look into bonding amounts.
Camilla Breeder -asked if everything could be put into writing so that they could understand it, that all of the specifics are clear.
Phil Bickerton- asked how many lots are being represented here.
There were 9 lots being represented out of the 15 lots.
A motion was made by Councilwoman Leader and seconded by Councilman Voltz to adjourn the meeting to a further date to be announced. All in favor. Motion passed unanimously.
Meeting Ended 9:50PM
Respectfully Submitted
Kimberly A. Pinkowski, RMC
Town Clerk