2010 June Town Board Minutes

The Town Board Meeting was held on June 3, 2010 at 7:00 pm at the Town Hall.

 

PRESENT:
Supervisor Chipman      Councilwoman Archer     Councilman Cilenti
Councilwoman Michailescu              Town Clerk Gundberg                           Attorney Christiana
ABSENT:
Councilman Spano
PLEDGE:
Supervisor Chipman opened the meeting and John Chipman led in the Pledge of Allegiance to the Flag.
PUBLIC COMMENT PERIOD:
Mike Baden stated that on 5/14/10 a relay race took place in the Town of Rochester without giving Town Officials or Emergency Services any notification. He stated that he is in full support of the Ragnar Relay, they raised over $10,000.00 in charity and feel that it would be a great tourist attraction but they need to communicate with the Town. His road was closed with no prior notice and it would have been impossible for Emergency vehicles to get through.
APPROVAL OF MINUTES:
A Motion was made by Councilwoman Michailescu to approve the minutes of the 05/06/2010 Regular Town Board Meeting, 5/17/2010 Special Meeting & 05/27/2010 Audit Workshop Meeting.
Seconded by: Councilwoman Archer                                        motion carried
SUPERVISORS REPORT:  filed with the Town Clerk.
CORRESPONDENCE RECEIVED:
Supervisor Chipman passed around a thank you card from Veronica Sommer.
Time Warner Cable sent a letter to the Town Board apologizing for the lack of communication, and stated that they would provide a Town map with coverage locations available by the end of June.
Councilwoman Archer stated the end of June is unacceptable, and The Board has sent several requests over the past year with no response from Time Warner.
SUPERVISOR’S UPDATE:
Supervisor Chipman updated the Town Board on the Safety Net. He stated at the last legislative meeting the Legislatures made a motion to change the controller for Safety Net with a vote of 20-10.  
Supervisor Chipman wanted to Thank Barbara Mullins and the Friends of Historic Rochester for providing the Town with 15 Banners that are displayed throughout Accord. He also thanked the Fire Company for placing them on the poles.
Supervisor Chipman thanked the Town Board, the Youth Commission, The Fire Company, and the chair of the Committee; Toni Sindone for making the Memorial Day Parade a success. He stated it was nice having a Town float this year.

 

LEGAL MATTERS:
Attorney Christiana stated she received the response from the Attorney’s representing Mombaccus, but still are waiting to hear from the Judge.
LIAISON REPORTS:
Councilwoman Archer: BOAR: Grievance day was held on 5/25/2010. The BOAR was pleased with the organization and ongoing support from the Assessor’s Office, and look forward to working with Cindy in the future. They will hold a final meeting on 6/5/2010. ECC:  the ECC had a discussion on the public access to the rail trail. They are also working on a project identifying types of trees on the rail trail. Rondout Creek cleanup day a multi-community effort will be held on 6/12/2010.
Councilman Cilenti: stated he was pleased that letters on property inventory and correction letters went out to homeowners.
Councilwoman Michailescu: at the May 19 meeting guest speaker of the Ulster County Youth Board Joe Sweeney discussed necessary steps in creating a 501 C3 corporation (able to do fundraising); he advised the Youth Commission to find the individuals who would want to serve, then define mission statement, by-laws, etc. Free summer Baseball program, runs for two weeks (Aug 9-13 and Aug 16-20). HPC: Groundbreaking for Veterans Park took place as scheduled. Putting the 2008 Historical Resources Survey to use the first step was accomplished, the criteria for noteworthiness of a property have been approved. As Town Board liaison I’m proud that both commissions had such an amazing presence for Memorial Day.

 

Councilman Spano: Absent
Supervisor Chipman: ZBA: a lot line adjustment application was removed by the homeowner.  
OLD BUSINESS:
SHARED HIGHWAY SERVICES AGREEMENT WITH ULSTER COUNTY:

 

RESOLUTION #77-2010:

 

A Motion was made by Councilman Cilenti to allow Supervisor Chipman to enter into negotiation agreement with Ulster County shared highway services.

 

Seconded by: Councilwoman Archer

 

DISCUSSION:

 

Highway Superintendent Wayne Kelder felt that at this time the highway shared services agreement shows a lack in direction with the County to save taxes, but the burden would be placed on the taxpayers in our community.

 

Councilwoman Archer: thanked Wayne for the paperwork he submitted to the Town Board on our Town highway resources, his paperwork was extremely helpful in comparison it would be hard to support an effort that would at this time ultimately be a burden to our taxpayers.

 

Supervisor Chipman: stated that he has been attending the meetings on shared highway services since 1/4/2010. He feels the concept is an excellent idea, looking at ways to save money by consolidation may help Ulster County with their financial crisis, but feels they need to reevaluate and look at eliminations and consolidations in other areas.
                                                                        0-4 nay, Spano absent
                                                                        motion not carried

 

TIME WARNER CABLE NEGOTIATIONS:

 

Councilwoman Archer stated that a course of action at this time must be taken.

 

RESOLUTION # 78-2010:

 

A Motion was made by Councilwoman Archer to hire an outside Attorney that specializes in Communications.

 

Seconded by: Councilman Cilenti                         4-0 aye, Spano Absent
motion carried

 

BARLEY’S STORE DEMOLITION BID:

 

RESOLUTION # 79-2010:

 

A Motion was made by Councilwoman Archer to approve authorization for the advertising for sealed bids for the Demolition of Barley’s Store SBL: 77.9-1-42. The specs are available at the Office of the Town Clerk. The bids are due no later than
July 28, 2010 at 11am. The Town Board has the right to reject any and all bids.

 

COPY MACHINE LEASE:

 

RESOLUTION # 80-2010:

 

A Motion was made by Councilman Cilenti allowing The Board to enter into a 60month lease agreement with Xerox for color WC7232P lease amount $ 156.95 per month and consumable supplies included for all prints to be used at the Town Hall.

 

Seconded by: Councilwoman Michailescu                   4-0 aye, Spano Absent
motion carried

 

RESOLUTION #81-2010:

 

A Motion was made by Councilman Cilenti allowing The Board to enter into a 60month lease agreement with Xerox for color WC7232P lease amount $ 156.95 per month and consumable supplies included for all prints to be used at the Community Center.

 

Seconded by: Councilwoman Michailescu                   4-0 aye, Spano Absent
                                                                motion carried

 

PLANNING BOARD THRESHOLDS:

 

RESOLUTION # 82-2010:

 

A Motion was made by Councilwoman Archer and seconded by Councilman Cilenti that,

 

In accordance with Chapter 140-63 of the Town of Rochester Code, any application received by the Town of Rochester Planning Board which meets or exceeds one or more of the following thresholds, as approved by the Town of Rochester Town Board on June 3,2010, shall be referred for professional review and an escrow account established.
The Planning Board shall review applications and shall authorize professional referral by resolution. Optionally, an applicant may provide written request for expedited professional review referral prior to Planning Board determination but must establish an escrow account and shall be responsible for any and all costs incurred due to this request.

 

Thresholds for Professional Review:

 

1.      All Major Subdivision Applications.
2.      A Site Plan or Special Use Permit application which will result in the creation of 4000 sq. ft. or greater total building space either by new construction or expansion of existing structure.
3.      An application which will result in the creation or expansion of:
a.      A public or private road or the extension of an existing public or private road. (Shared driveways may be granted a waiver from this requirement upon written request of applicant and resolution of the Planning Board.)
b.      A central water or sewer system that services more than one lot.
c.      An amenity which is to be used jointly by more than one lot such as a well, septic system, utilities, or things of this nature.
d.      Any type of publicly dedicated facility.
4.      An application which will require a NYSDEC Stormwater Pollution Prevention Plan (SWPPP) or will cause 1 acre or more of disturbance.
5.      An Application which includes property in a certified State or Federal wetland or a designated FEMA Floodplain.
6.      An application which results in a Type 1 SEQRA declaration
7.      An application determined by the Planning Board, by majority vote, to require professional review due to special circumstances.
4-0aye, Spano absent
motion carried
        

 

PROJECT 32:

 

There was a lengthy discussion about the Town owned property off Project 32 Rd. Supervisor Chipman stated he received an appraisal figure from interested potential buyers.

 

Attorney Christiana suggested The Board to get another appraisal.

 

RESOLUTION # 83-2010:

 

A Motion was made by Councilwoman Archer to have an appraisal with and without a cost limit Conservation Easement with a limit of $ 500.00

 

Seconded by: Councilman Cilenti                         4-0 aye, Spano Absent
                                                                        motion carried
NEW BUSINESS:
APPROVAL OF ELECTRICAL UNDERWRITERS OF NEW YORK:
RESOLUTION # 84-2010
A Motion was made by Councilman Cilenti to approve Electrical Underwriters of New York as an Electrical Inspector for the Town of Rochester.
Seconded by: Councilwoman Michailescu                           4-0 aye
motion carried
PUBLIC COMMENT PERIOD:
Toni Sindone suggested to the Board that a demographic analysis needs to be complete and plans for our future (in reference to the people) needs to be assessed. She feels our Town needs to have an action plan.
The Board told her that the Youth Commission should submit a plan or proposal before The Board , and The Board will consider and advise on it . Supervisor Chipman considered the timing not to be good before Census 2010 information becomes available.
On behalf of the Town Planning Board Mike Baden thanked the Town Board for approving the Thresholds.

 

ADJOURNMENT:
A Motion was made by Councilman Cilenti to adjourn the meeting at 8:35pm.
Seconded by: Councilwoman Michailescu                                   motion carried
                                                                        
Respectfully submitted,

 

Kathleen A. Gundberg
Town Clerk
The Audit/Workshop Meeting was held on June 24, 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 Highway Superintendent Wayne Kelder led in the Pledge of Allegiance to the Flag.

 

CREEK ROAD STABILIZATION PROJECT:

 

Supervisor Chipman stated that Barry Medenbach is still working on the report for the bid for the Creek Rd Stabilization Project. The lowest Bidder was Howard Osterhoudt Excavating, Inc.

 

GLF ROAD- VERNA GILLES:

 

Verna Gilles the owner of the old Train Station would like to reclaim property that is currently known as GLF Rd. The Board agreed to direct Attorney Christiana to review The Town’s road by use policy and stated to the homeowner that all costs to pursue this would be at her expense.

 

PINE TREE ROAD:

 

There was a lengthy discussion on Pine Tree Road. Questions were asked to Highway Superintendent Kelder on how a portion of Pine Tree Road became abandoned. Superintendent Kelder stated that in 1996 residents of Pine Tree Road requested 1000 feet be abandoned by the Town and 1000 feet on the Mill Road side of the property be dedicated to the Town. He stated that Pine Tree Road met the criteria for road abandonment and The Board at that time approved the process.

 

KYSERIKE ROAD:

 

Supervisor Chipman stated at the Legislature meeting he was approached and asked if the Town of Rochester would submit requests for no parking signs and speed limit signs. The Board agreed since it’s a County Road the County should direct the School to submit the request.

 

APPROVAL OF BILLS:

 

A Motion was made by Councilman Cilenti to approve the following bills as audited this date
                        General Fund 2010 Abstract 6            $        118,941.29   
                        Highway Fund 2010 Abstract 6            $        248,838.06
                        Street Lighting                                 $               363.51
                                                                        ______________
                                                                        
$        368,142.86

 

Seconded by: Councilman Spano                                   motion carried

 

LITIGATION UPDATE:

 

Supervisor Chipman stated he is still waiting on a court date for Article 78
Mombaccus vs. The Town of Rochester.

 

Supervisor Chipman stated that he was served papers for a dog bite incident that took place at the shelter located at the Town Hall.

 

OUTSIDE FURNACES:

 

There was a lengthy discussion on the procedure requirement for outside woodstoves. Supervisor Chipman stated he will look into the number of permits of current outdoor woodstoves in the Town of Rochester and he will present The Board with some information on guidelines that other Towns and States have used to create policy procedures.

 

BARLEY STORE UPDATE:

 

Supervisor Chipman stated the bids are out for the demolition for Barley’s Store with a due date of 7/28/2010 at 11am.

 

GOAL PLANNING MEETING SCHEDULE:

 

The Board agreed to a Goal Planning Meeting scheduled at an earlier hour at the July Audit Workshop Meeting.

 

ADJOURNMENT:

 

A Motion was made by Councilman Cilenti to adjourn the meeting at 8:23 pm.

 

Seconded by: Councilwoman Archer                                                motion carried
                                                                                
Respectfully submitted,
Kathleen A. Gundberg                                                                                                                     
Town Clerk