The Town Board Meeting was held on July 1, 2010 at 7:00 pm at the Town Hall.
PRESENT:
Supervisor Chipman Councilman Cilenti Councilwoman Michailescu
Councilman Spano Town Clerk Gundberg Attorney Christiana
ABSENT:
Councilwoman Archer
PLEDGE:
Supervisor Chipman opened the meeting and Charlie Fischer led in the Pledge of Allegiance to the Flag.
PUBLIC COMMENT PERIOD:
Carol Fischer a Town resident approached The Board on the topic of the Outdoor Woodstoves. She stated that she is in full support of the woodstoves but she and her family are having a difficult time with a neighbor who has an Outdoor Woodstove. The smoke is blowing directly into their home and it’s causing hazardous breathing conditions for her and fellow neighbors. She asked if the Town Board would take into consideration procedures or laws in making the Outdoor Woodstove neighbor friendly, even if it is to have a mandatory stack height of the chimney.
APPROVAL OF MINUTES:
A Motion was made by Councilman Cilenti to approve the minutes of the 06/03/2010 Regular Town Board Meeting, & 06/24/2010 Audit Workshop Meeting.
Seconded by: Councilwoman Michailescu motion carried
SUPERVISORS REPORT: filed with the Town Clerk.
CORRESPONDENCE RECEIVED:
Supervisor Chipman stated that the dog shelter passed inspection by New York State.
Supervisor Chipman stated that he received a letter from Daniel Strol a presenter for the film Peace Love and Misunderstanding. They wanted to follow the proper procedure and stay in contact with The Town with their film schedule, showed proof of insurance, and Supervisor Chipman stated he is please that the company is keeping in contact with The Town.
SUPERVISOR’S UPDATE:
Supervisor Chipman informed The Board that the Safety Net transfer funding was voted down again by the County Legislatures. Supervisor Chipman stated he is waiting on some figures from DSS for figure comparisons for rent on private individuals and income assisted rent. Supervisor Chipman updated The Board about the Safety Net Charges for Ulster County. He went into detail explaining his proposal in reference to the safety net charges he stated charging Towns for local treatment and County for out of area treatment bringing accountability within the system and having no impact on town taxpayers.
BOAR REPORT:
Alan Levine, Chairman of the BOAR read to The Board their report for May 25, 2010 Grievance Day. They shared with The Board issues that were observed, complaints of residents and The BOARS resolutions, the conclusions and recommendations. The BOAR praised Cindy Stokes, the Town Assessor for her organization and willingness the work with The BOAR. Supervisor Chipman stated that The Board is proud of Cindy, and she’s done a fantastic job.
Supervisor Chipman read aloud Assessor Cindy Stokes response to some of the issues listed in the BOAR report. She thanked the BOAR for their commitment to the Town and the assessment process. She discussed discrepancies in Assessments was an inherited assessment roll from the previous Assessor along with the land value table.
LEGAL MATTERS:
Attorney Christiana stated The Town is still waiting on the Judge for a court date.
LIAISON REPORTS:
Councilwoman Archer: Absent
Councilman Cilenti: nothing to report
Councilwoman Michailescu: YC: half time summer program 26 children signed up. King Tut trip was a success, and due to incidents that took place with the bus the topic of procedure for bus inspections is currently being worked on.
HPC: may have possible resignation, Veterans Park: installation plan not finalized.
Councilman Spano: nothing to report
Supervisor Chipman: ZBA: working on a training exercise with Dennis Doyle for area use variance. Rondout cleanup collected over 800 lbs. of material, and a Countywide cleanup day is planned for September.
OLD BUSINESS:
CREEK ROAD STABILIZATION PROJECT
RESOLUTION # 85-2010:
A Motion was made by Councilman Cilenti to award H. Osterhoudt Excavating as the winning bidder for the Creek Road Stabilization Project for the amount of
$ 139,910.00. Barry Medenbach and Carl Chipman are to be named agents for the Town of Rochester for this project. Funds up to the amount of $ 215,000.00 for this project are to come from Highway unallocated fund balance. Highway Revenue Fed Emergency Work budget line DA-4-4960 to be increased as necessary and expenses outlays from DA-6-5112.20 Improvements Capital Outlay to be increased correspondingly. Reimbursement from FEMA for expenses of this project to be placed in Unallocated Fund Balance.
Seconded by: Councilman Spano 4-0aye, Archer-Absent
motion carried
Bids were as follows:
H. Osterhoudt Ex. $ 139,910.00
Robert Lapp Ex. $ 149,925.00
Kingston Equip. $ 262,000.00
Leo Boice & Sons: $ 299,849.50
Sun Up Enterprises: $ 306,163.50
Bast Field Inc. $ 344,179.00
Hudson Valley Bridge $ 362,510.00
McCarey Landscaping $ 386,523.00
NO SMOKING IN THE TOWN PARK/ YOUNG LUNGS AT PLAY:
RESOLUTION # 86-2010:
A Motion was made by Councilman Spano and Seconded by Councilwoman Michailescu,
WHEREAS, smoking is responsible for the premature deaths of over 440,000 Americans each year from lung cancer, heart disease, respiratory illness and other diseases; and
WHEREAS, secondhand smoke is responsible for over 50,000 deaths among nonsmokers each year; and
WHEREAS, tobacco kills more American each year than alcohol, cocaine, crack, heroin, homicide, suicide, accidents, fires, and AIDS combined; and
WHEREAS, 80% of smokers started smoking before the age of 18, and the average initiation age is 12 years old; and
WHEREAS, everyday and estimated 3,900 young people under the age of 18 try their first cigarette and one-third of these children will die prematurely from tobacco related illnesses; and
WHEREAS, the 2006 U.S. Surgeon General’s report states, the scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke; and
WHEREAS, to help role model non-smoking behavior to children and youth; to provide children, youth and their families with a safe, smoke-free environment;
THEREFORE, from this day forward the Town Park located at: Scenic Road, Accord, New York under the direction and oversight of: Town of Rochetser are duly designated as tobacco-free zone.
Appropriate signage will be posted designated the tobacco-free zone.
4-0 aye, Archer-absent
motion carried
ULSTER COUNTY PLANNING BOARD EXCEPTION AGREEMENT:
Mike Baden approached the Town Board on the Ulster County Planning Board Exception Agreement. The Exception Agreement would be between the Ulster County Planning Board and the Town of Rochester. The agreement would allow for County Planning Boards to amend the delivery period for referrals. This agreement would allow UCPB to have additional time to review for example comprehensive plans, local laws, Type-1 Actions, etc. under SEQRA.
The Board agreed to further review and a decision will be made at another time.
SPECIAL MEETING:
RESOLUTION # 87-2010:
A Motion was made by Councilman Cilenti to schedule a special meeting at 5pm at the Town Hall on 7/29/10 with the Audit Workshop Meeting immediately following and authorizing the Town Clerk to advertise the same.
Seconded by: Councilwoman Michailescu motion carried
OUTSIDE FURNACES:
Supervisor Chipman presented The Board with some guidelines from NYS DEC on regulations for Outdoor Wood Boilers and proposed a Resolution for The Board to approve for comments to the NYS DEC due no later than July 2, 2010 at 5pm.
RESOLUTION # 88-2010:
A Motion was made by Councilman Cilenti and seconded by Councilwoman Michailescu,
WHEREAS, the use of Outside Wood Boilers is an economical and environmentally sound method of providing heat & hot water for many rural residents.
WHEREAS, the NYS DEC is proposing a law which regulates Outside Wood Boilers usage including those already in existence.
WHEREAS, many residents need to operate their Outside Wood Boilers throughout the entire year to provide hot water.
WHEREAS, NYS is a home rule state and municipalities can best determine the needs for their own citizens.
THEREFORE, the Town of Rochester Town Board opposes the banning of operation of existing Outside Wood Boilers between April 15- September 30.
FURTHERMORE, let it be noted that the Town of Rochester Town Board supports recommendations of stack height and distance from other structures.
4-0 aye, Councilwoman Archer- absent,
motion carried.
NEW BUSINESS:
PUBLIC COMMENT PERIOD:
There was a lengthy discussion amongst residents about the Outdoor Woodstoves. Councilman Spano stated that The Board should present material before The Planning Board and the ZBA for recommendations for The Town to propose procedure for outdoor woodstoves.
ADJOURNMENT:
A Motion was made by Councilman Spano to adjourn the meeting at 8:10pm.
Seconded by: Councilman Cilenti motion carried
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Goal Planning Meeting was held on July 29, 2010 at 5:00pm at the Town Hall.
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti
Councilwoman Michailescu Councilman Spano Town Clerk Gundberg
The following are a set of goals and some accomplishments set by The Town Board for the year of 2010.
1. Create an audit process for the Town Board to check 3 areas that collect money; Town Clerk’s office, Supervisor’s office, and Justice based on Auditors recommendation.
It was agreed upon that the Town Board would have an Internal Audit done approximately every six months, or subject to the overall findings report done by the Auditors. Supervisor Chipman stated he would also look into the cost of the Audit.
2. Creek Lock Project; need DEC permit extensions, FEMA extension obtained.
a. Set up separate FEMA line accounts for each project
b. Bids for project
c. Resident Meeting
d. Assign a project manager
The DEC permit extension was granted a Project manager was assigned, The Board agreed it was helpful to the residents on Creek Road that the April Audit Workshop Meeting was held in Alligerville. The project should be complete by the first week in August.
3. Rotate Town Board Meetings to various Fire Houses 3 times per year.
The Board held its April Audit Workshop Meeting at Alligerville Firehouse. The Board discussed a change in venue for the September Town Board Meeting to Rochester 2 Firehouse.
4.Create a Town Law requiring all Town vehicles to have signage identifying them as Town vehicles.
At the April 1, 2010 Town Board Meeting a Resolution was made by Councilwoman Archer and seconded by Councilman Spano that Local Law #2-2010 mandating the placement of the Town Seal on all motorized vehicles owned by the Town of Rochester.
All Town vehicles now have the Town Seal on them and The Board all agreed that the seal looks great!
5. Review Town Laws for vehicle fines and ensure Justices have information to make their jobs easier.
It was discussed that the state still gets a percentage of vehicles fines and a review of Town Laws on vehicle fines may bring more money to The Town and not the State.
6. Create an Orientation Program for committee/commission volunteers. Ask each group to review their mission statements for potential updates and to participate in the development of the orientation.
It was agreed that Supervisor Chipman would send a memo to all Chairpersons for Boards and Commissions to have an orientation. The orientation should consist of a review of their mission statement, potential updates and overall participation within that Board or Commission.
7. Complete the land swap for Veteran’s Park. The HPC needs to develop a plan for installation
The Town Hall is now the location site for The Veteran’s Park. The Board agreed that they would like to see a development plan of The Veteran’s Park and what expectations the HPC has from the Town Board. Councilman Spano stated he would approach an artist and ask if he would draw some ideas for a design for The Veteran’s Park main entrance sign. He also stated it would be nice that once the designs are made to get the input from Veterans in our Town.
8. Set up a preliminary meeting with RVBA to discuss business development in Rochester.
Supervisor Chipman stated The Town is now a RVBA member and a goal the RVBA members are working on is the continuous Rail Trail throughout Ulster County.
9. Develop and conduct Reval Education meetings to help home owners better understand the impact of the Reval.
10. RFP for Reval Project . (work must start by June 2010 for July 2011 effective date)
The ReVal project is underway and the first ReVal education meeting starts Saturday July 31, 2010 at The Town Hall at 10am.
11. Simplify the presentation process to PB & ZBA (review existing tools and improve where necessary)
There was a discussion on creating forms with appropriate guidelines to simplify the presentation process for those appearing before the Planning and ZBA Boards. Supervisor Chipman stated he would set up a meeting with the Chairman of the Planning Board and ZBA along with the CEO and Planning and Zoning secretary. Supervisor Chipman also stated that he hopes that by passing the changes in thresholds the process will be easier for those appearing before the Planning Board.
12. Review current reports from Building department to improve the following:
a. Work flow process from permit to cc to assessor
b. Modify report to ensure information meets Town Boards requirements
c. Determine court process for out of compliance issues
The CEO Office and Assessor’s Office are working great together. The permit process that’s in place works well with the work flow for both departments.
13. Apply for grant to do Feasibility Study for shared services.
The Grants for Shared Service study are handled thru the County.
14.Conduct a mid year review of progress against goals
Held July 29, 2010.
New Goals:
Supervisor Chipman stated he would like to see lights on the outdoor Christmas tree again.
Supervisor Chipman stated he would like to work with Town Clerk Gundberg on Records management and find ways for paper reduction, and going electronic with permanent records.
Supervisor Chipman stated he would like to look into a policy for eligibility requirements for the sharing of health benefits for Town Employees who live together.
The Audit/Workshop Meeting was held on July 29, 2010 at 7:00pm at the Town Hall.
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti
Councilwoman Michailescu Councilman Spano Town Clerk Gundberg
ABSENT:
Supervisor Chipman opened the meeting and Carol Fisher led in the Pledge of Allegiance to the Flag.
TRANSFER OF HIGHWAY FUNDS:
Resolution # 89-2010:
A Motion was made by Councilman Cilenti to transfer from Hwy unallocated Fund Balance $ 53,540.48 to DA 51104 Roads for stone crushing.
Seconded by: Councilwoman Michailescu 5-0 aye
motion carried
APPROVAL OF BILLS:
A Motion was made by Councilman Cilenti to approve the following bills as audited this date
General Fund 2010 Abstract 7 $ 143,756.08
Highway Fund 2010 Abstract 6 $ 395,833.45
Street Lighting $ 359.44
______________
$ 539,948.97
Seconded by: Councilwoman Michailescu motion carried
CREEK ROAD STABILIZATION PROJECT:
Supervisor Chipman stated the Creek Rd project should be complete within the next couple of days. Councilwoman Archer stated she has seen some of the work completed and thinks it looks great.
GLF ROAD- VERNA GILLES:
Supervisor Chipman stated Verna Gillis owner of the Train Station sent a letter to her neighbor stating that as of August 15, 2010 GLF Road will no longer be used as an access Road.
LITIGATION UPDATE:
Nothing new to report on the Mombaccus vs. Town of Rochester case.
2 Residential and 1 Commercial property owners filed assessment lawsuits against the Town Assessor and the Board of Assessment Review.
Supervisor Chipman stated that any further discussion of the Dog Bite case must be done in executive session from here on out.
BARLEY STORE UPDATE:
The Bids for the Demolition for 5 Main St. Accord SBL: 77.9-1-42 were opened and read aloud on 7/28/2010 at 11am. The bids were as follows:
David Lawrence Const. $ 26,500.00
Christiana Const. $ 19,800.00
Top Quality Seal Coat: $ 9,875.00 ( non- collusive bid form not included)
T.A.M : $ 38,400.00
Supervisor Chipman stated that there are two liens on the property. The Federal Lien for $ 13,456.00 and New York State Lien for $ 2,732.00. After discussing this matter with the Town Attorney, Supervisor Chipman stated that moving forward is possible but letters must be sent to both Lien holders informing them of the demolition and allow time for a response.
PLANNING BOARD:
Supervisor Chipman stated that a resignation has been received from Tony Kawalchuk.
KYSERIKE ROAD:
Supervisor Chipman stated the County has asked for The Town to request no parking signs, a reduction in the speed limit from 55mph to 35mph, and SCHOOL painted on both sides of the road at the school entrance.
Supervisor Chipman also stated the Accord Fire district has requested a 4 way stop sign at the Corner of Kyserike Road and Lucas Ave.
SUMMER PROGRAM:
There was a discussion amongst The Board members whether or not employees of the Summer Program and the Youth Department are required to administer certain medications if necessary to those participating in the Summer Program. After further review and speaking to both the Department of Health and the American Disability Association certain administrations of medication would require for a nurse on hand changing the dynamics and cost of the Summer Program.
OUTDOOR WOODSTOVES:
Councilman Spano discussed regulations for the outdoor woodstoves. He stated that increasing the stack height on the chimney can affect the warranty on the stoves. He feels that it is important for The Town to create guidelines with appropriate distance of property lines and building structures to the placement of the stove. He also stated that in the mean time it might be safe for The Town to enter into a moratorium on the outdoor woodstoves until these guidelines are created.
TIME WARNER CABLE:
Councilwoman Archer told The Board that due to having personal interest she decided it would be best if she recused herself from the Time Warner Cable Committee.
ADJOURNMENT:
A Motion was made by Councilman Cilenti to adjourn the meeting at 7:53 pm.
Seconded by: Councilman Spano motion carried
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk