A Public Hearing was held on September 2, 2010 at 7:00pm at the Town Hall
Re: Enacting new Chapter 102 of the Town Code of the Town of Rochester.
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti
Councilwoman Michailescu Town Clerk Gundberg Attorney Christiana
ABSENT:
Councilman Spano
PLEDGE:
Supervisor opened the meeting and Richard Travers led the Pledge of Allegiance to the Flag.
Supervisor Chipman gave the audience a little background on some guidelines presented from NYS DEC in July on regulations for Outdoor Wood Boilers and read the intent from The Board of the proposed Local Law as follows:
Proposed Local Law #3-2010 Outdoor Furnaces
102-1 Legislative intent and Purpose.
Although outdoor furnaces may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impact of these heating devices, particularly the emission of offensive odors and potential health effects of uncontrolled emissions. This chapter is intended to ensure that outdoor furnaces are utilized in a manner that does not create a nuisance and is not detrimental to the health, safety and general welfare of the residents of the Town.
OPEN TO THE PUBLIC:
3 residents thanked The Board for taking action and hope that these regulations will help them with neighbors that have outdoor woodstoves. Each stated that they have neighbors whose misuse of the woodstoves are causing health issues and creating hardships amongst the neighborhood. They find it difficult to breathe and are forced to keep their windows closed in the summer heat and unable to enjoy time in their own backyard. They each fully understand the necessity for the woodstove economically, but at their expense.
Supervisor Chipman read a letter from a Town resident who was unable to attend the public hearing. She too stated that the smoke from a neighbor’s woodstove is causing breathing issues, and forcing her to keep her windows closed in the summer days and she is forced to use an air conditioner causing more expenses out of her pocket.
Several residents questioned the proposed local law. They felt that parts of the law were too vague, and in order to protect the property owner and their land rights more specifics need to be addressed. Each felt that the law left a lot of opened ended questions depending on how The Board and future Boards would interpret the law. Some residents stated that it would be necessary to include existing woodstoves to either be grandfathered in or not have EPA regulations applied to them. One resident stated he installed his outdoor woodstove in 1987 when a permit wasn’t required and had concerns about what could happen or what costs to the homeowner would be applied if his stove did not pass EPA regulations today. Another resident spoke about the fee, in one section of the proposed law it states that a fee of $25.00 for the permit, yet The Board stated that there is no charge for the permit. One resident questioned the opacity for emissions, he stated that was used in 1910 and there is no determination of how the Town will regulate.
It was suggested by one resident to keep the Public Hearing open.
The Board thanked everyone for their input and agreed to make changes to the proposed Local Law and will reconvene the Public Hearing in October.
PUBLIC HEARING CLOSED:
A Motion was made by Councilman Cilenti that a continuation of the Public Hearing is scheduled on October 7, 2010 at 7pm at the Town Hall.
Seconded by: Supervisor Chipman motion carried
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Town Board Meeting was held on September 2, 2010 at 7:35 pm at the Town Hall.
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti
Councilwoman Michailescu Town Clerk Gundberg Attorney Christiana
ABSENT:
Councilman Spano
Supervisor Chipman called the meeting to order in Memory of Erica Bell and Esther Yeager both lifetime residents of our Town. Erica Bell lost her battle to Cancer at age17; she was involved in a variety of Town youth events, 4-H, and athletics. Esther Yeager was a Charter Member for the Kerhonkson- Accord First Aid Squad, and a member of the Ulster County EMS Council, she past away at age 102.
PUBLIC COMMENT PERIOD:
No comments made.
APPROVAL OF MINUTES:
A Motion was made by Councilman Cilenti to approve the minutes of the 08/05/2010 Regular Town Board Meeting, & 08/26/2010 Audit Workshop Meeting.
Seconded by: Councilwoman Michailescu motion carried
SUPERVISORS REPORT: filed with the Town Clerk.
CORRESPONDENCE RECEIVED:
A letter was received from Glenn Hoagland, Executive Director of the Mohonk Preserve. He thanked The Board for their support with open space, and the Mohonk Preserve has created a successful recreation, education and tourism attraction. A check donation in the amount of $ 750.00 was enclosed and Glenn asked that the donation go towards an environmentally related program in the Town of Rochester.
RESOLUTION # 98-2010:
A Motion was made by Councilwoman Archer to have the check donation given by the Mohonk Preserve to be used towards our Rail Trail.
Seconded by: Councilman Cilenti motion carried
SUPERVISOR’S UPDATE:
Supervisor Chipman addressed The Board and the audience of break-ins and theft taking place in our area. These break-ins are happening during the day often taking furniture and jewelry. The Town has asked that neighbors keep an eye out for neighbors and anything suspicious please contact the police.
LEGAL MATTERS:
Attorney Christiana stated the Mombaccus vs. Town of Rochester case was dismissed, but stated a notice of appeal can be filed within the next 30 days.
LIAISON REPORTS:
Councilwoman Archer: ECC: no meeting was held. Councilwoman Archer wanted to acknowledge the ECC in their efforts to expand the Rail Trail.
Councilman Cilenti: Information meetings were held as scheduled for the ReVal.
Councilwoman Michailescu: YC; Summer Program was very successful, all feedback is positive.
a. Part time program – 40 youth registered for various weeks.
Thanks to the Oremus Foundation and Holly Elliott, 17 youth were able to attend 5 weeks instead of 1 week (because of scholarships)
b. Full time program at YMCA/Camp Epworth – 42 TOR youth enrolled for various weeks (4 TOR youth had full scholarships).
RENT-A-KID employed two youth this summer and one new applicant
BASEBALL program had 32 children signed up; surveys showed excellent results and comments
TALENT SHOW is a go at the JENNIE BELL PIE FESTIVAL, on Sept. 25
HPC: no regular monthly meetings in July and August, just special meetings of the Veterans Park Committee, addressing specific practical issues. Budget and letter asking for assistance from the Highway Dept. were presented to the Town Board; focus to be on the completion of the Veterans Park project in 2010, for Veterans Day
Councilman Spano: absent
Supervisor Chipman: TIME WARNER CABLE: comparable maps are being worked on.
OLD BUSINESS/ NEW BUSINESS:
RAIL TRAIL AUTHORIZATION:
RESOLUTION # 99-2010:
A Motion was by Councilwoman Archer requesting that the County of Ulster grant the Town of Rochester authority to control as well as maintain responsibilities for the Rail Trail from The Town line on Kyserike Road near Williams Lumber to Lucas Avenue.
Seconded by: Councilman Cilenti 4-0 aye, Absent-Spano
motion carried
APPOINTMENTS:
Board of Assessment Review
RESOLUTION # 100-2010:
A Motion was made by Councilwoman Archer to reappoint Zali Win to the position of member of Board of Assessment Review with a term to expire 09/30/2015.
Seconded by: Councilman Cilenti 4-0aye, Absent- Spano
motion carried
Planning Board
RESOLUTION # 101-2010:
A Motion was made by Councilman Cilenti to appoint Fred O’Donnell to the position of member of the Planning Board with a term to expire 12/31/2010.
Seconded by: Councilwoman Michailescu 4-0 aye, Absent-Spano
motion carried
HIGHWAY AUTHORIZATION:
RESOLUTION # 102-2010:
A Motion was made by Councilwoman Michailescu to authorize the Highway Superintendent to allow the Highway Department to assist the HPC in their efforts to establish the Veterans Park.
Seconded by: Councilman Cilenti 4-0 aye, Absent-Spano
motion carried
RESOLUTION # 103-2010:
A Motion was made by Councilwoman Archer to authorize the Highway Superintendent to allow the Highway Department to do the work needed for the access to the Rail Trail on Berme Road.
Seconded by: Councilman Cilenti 4-0 aye, Absent-Spano
motion carried
ADVERTISEMENT FOR FLO’ N DUMP REAR SPREAD MODEL:
RESOLUTION # 104-2010:
A Motion was made by Councilman Cilenti to advertise for a FLO’ N DUMP REAR SPREAD MODEL as specified by the Highway Superintendent. Bids are due on or before 9/29/2010 at 11am at the Town Clerk’s Office. The Town Board has the right to reject any and all bids.
Seconded by: Councilwoman Michailescu 4-0 aye, Absent-Spano
motion carried
WORK FROM HOME EMPLOYMENT POLICY:
RESOLUTION # 105-2010:
A Motion was made by Councilman Cilenti to add work from home to The Town of Rochester Employment policy.
Working from Home- Certain employees whose duties and responsibilities do not necessitate that the employee be physically available to the public during regular business hours may be permitted to work from the employee’s home for a limited time period. Such arrangements must be approved in advance by the Town Supervisor in consultation with the appropriate Department Head and the Town Board. Such arrangements will be limited to periods of recuperation due to a personal illness or injury once employee is cleared by doctor to return to work, family illness or injury, or other personal circumstance.
The Town Supervisor, with the approval of the Town Board, also may allow certain employees whose duties and responsibilities require minimal interaction with the public
(e.g. less than 15% of the workweek) to work from home. In such arrangements, the employee’s rate of pay will be reduced by the percentage of time the employee would normally interact with the public (e.g. 15%).
Note: An employee who is allowed to work from home is not eligible for the provisions set forth in 502 Emergency Situations, below.
Seconded by: Councilwoman Michailescu 4-0 aye, Absent-Spano
motion carried
EXECUTIVE SESSION:
A Motion was made by Councilman Cilenti to enter into executive session at 8:15pm
with Wayne Kelder to discuss personnel matters.
Seconded by: Councilwoman Michailescu motion carried
A Motion was made by Councilman Cilenti to reconvene the meeting at 8:30pm with no action taken nor monies expended.
Seconded by: Councilwoman Michailescu motion carried
DONATION TO PALENTOWN SCHOOL:
Supervisor Chipman on behalf of the Town Board wanted to Thank John Chipman for his donation of an Elementary Geography book dated 1896.
PUBLIC COMMENT PERIOD:
No comments made.
ADJOURNMENT:
A Motion was made by Councilman Cilenti to adjourn the meeting at 8:40pm in Memory of Francis Gray. Francis was a former member of the Town Board, a Korean War Veteran and the motivating factor for the Town’s Veterans Park. Supervisor Chipman stated in honor of him the Flag will be lowered to half mass until Francis’s services scheduled 9/9/2010 at 11am.
Seconded by: Councilwoman Michailescu motion carried
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Audit/Workshop Meeting was held on September 30, 2010 at 7:00pm at the Town Hall.
PRESENT:
Supervisor Chipman Councilwoman Archer Councilwoman Michailescu Councilman Spano Town Clerk Gundberg
ABSENT:
Councilman Cilenti
Supervisor Chipman opened the meeting and Councilman Spano led in the Pledge of Allegiance to the Flag.
PROJECT CAT:
Gail Mihocko, Director of Project Cat discussed the problem that we are facing with feral cats posing danger to our county residents, wildlife, & domestic pets. She along with Supervisor Chipman discussed a few issues taking place in our town. Gail wanted to bring the issue to The Town Board in hopes with The Towns getting involved maybe it can be a step towards a better solution.
DUMP/ SANDER BODY BID:
No bids were received. Highway Superintendent Wayne Kelder received a price quote from Tracey Road Equipment for a total of $ 33,025.00
OUTSIDE WOOD FURNACE LAW REVISIONS:
Supervisor Chipman asked that The Board review the revised draft of proposed Local Law enacting Chapter 102 of the Town Code of the Town of Rochester on the Outdoor Furnaces before the Public Hearing scheduled next week.
RAIL TRAIL UPDATE:
At the Lucas Ave. end of the Rail Trail work has been completed on the bridge and cutting of branches and brush cleanup has been made. Supervisor Chipman forwarded the resolution passed last month by the Town Board and he is hoping to have it voted on at the October Legislature meeting.
BOARDS AND COMMISSIONS ORIENTATION:
There was a lengthy discussion about the Boards and Commissions orientation meeting. Councilwoman Michailescu felt that there was some confusion from some chair members as to what is expected at the meeting. The date for the orientation meeting is set for 11/10/2010 at 7pm at the Town Hall and Supervisor Chipman stated that he would send a second memo with the date, what the intent is of the meeting, and what the Boards and Commissions should expect.
BARLEY STORE UPDATE:
Supervisor Chipman stated the demolition of the Barley Store will begin next week. He was in contact with Christiana Construction they are filing their demolition permit and their Certificate of Insurance.
APPROVAL OF BILLS:
A Motion was made by Councilwoman Archer to approve the following bills as audited this date
General Fund 2010 Abstract 9 $ 50,969.16
Highway Fund 2010 Abstract 9 $ 76,392.51
Street Lighting $ 795.73
______________
$ 128,157.40
Seconded by: Councilwoman Michailescu motion carried
PURCHASE OF DUMP/ BODY SANDER:
RESOLUTION # 106-10
A Motion was made by Councilman Spano to authorize Highway Superintendent Wayne Kelder to purchase the Dump and Sander Body from Tracey Road Equipment as per their quote received September 30, 2010 in the amount of $ 33,025.00
Seconded by: Councilwoman Archer 4-0 aye, Cilenti Absent
motion carried
VETERANS PARK:
There was a lengthy discussion about the Veterans Park Monument. Councilwoman Michailescu presented The Board with the model approved 1 ½ yrs ago, causing an issue amongst the HPC members. Some members feel a major expense is the cost of the benches and feel that fewer benches are needed for the completion of the project. Other members feel by going with fewer benches it is intentionally destroying the monument model. The Board stated that they want the monuments, plaques, and flagpole completed for Veterans Day and the benches can be purchased at another time.
EXECUTIVE SESSION:
A Motion was made by Supervisor Chipman to enter into executive session with Wayne Kelder at 8:42pm to discuss personnel matters.
Seconded by: Councilman Spano motion carried
A Motion was made by Supervisor Chipman to reconvene the meeting at 9:00pm with no action taken nor monies spent.
Seconded by: Councilman Spano motion carried
ADJOURNMENT:
A Motion was made by Councilman Spano to adjourn the meeting at 9:00 pm.
Seconded by: Councilwoman Michailescu motion carried
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk