2011 August Town Board Minutes

The August Town Board Meeting was held on August 04, 2011 at 7:00 pm at the Town Hall.

 

PRESENT:        
Supervisor Chipman              Councilwoman Archer     Councilman Cilenti (7:15pm)
Councilman Spano                Councilwoman Michailescu   Town Clerk Gundberg    
Attorney Christiana

 

PLEDGE:

 

Supervisor Chipman opened the meeting and Maria Reidelbach led the Pledge of Allegiance to the Flag.

 

PUBLIC COMMENT PERIOD:

 

No comments made.

 

APPROVAL OF MINUTES:

 

A Motion was made by Councilwoman Michailescu to approve the minutes of the 07/07/2011 Regular Town Board Meeting and 07/28/2011 Audit Workshop meeting.

 

Seconded by: Councilman Cilenti                         5-0aye, motion carried
                                                                
SUPERVISOR’S REPORT:  Filed with the Town Clerk

 

CORRESPONDENCE RECEIVED:

 

Supervisor Chipman announced he was appointed to the Safety Net task force committee and a meeting will be held on 8/17/2011 at the Town Hall.

 

SUPERVISOR UPDATE:

 

Supervisor Chipman discussed the effects of the 2% tax cap as proposed by Gov. Cuomo and passed by the NYS Assembly and Senate. He stated, “ the 2 % cap allowed higher government to successfully relegate its responsibilities and pass the buck down to lower government by not providing mandate relief at the same time as instituting this cap. This bill will force local governments (county and municipal) and school districts to fund those programs mandated by the state and federal government while we are forced to make cuts in non-mandated programs, which are desired and needed in our communities. Much of our budgets are driven by mandated programs and procedures established by Washington D.C. and Albany which we have no control over. Many of the programs start as funded programs by the state and federal government and then after they are established the funding is removed and the local government entity is left holding the bag. I’ve worked very hard the last 3 1/2 years I’ve been in office in the Town of Rochester and taxes are lower now than when I took office. I’ve cut costs and created savings wherever I can as Supervisor and Budget Officer in the face of rising costs beyond my control and in certain instances expanded services at no additional cost to the local taxpayer. These are the realities and the new paradigm for government in the face of mandated tax caps without mandate relief. I urge each and every one of you to contact your state and federal representatives to demand mandate relief and proper accountability at their levels of government instead of abrogating their responsibilities and pushing costs to the local level.”

 

LEGAL MATTERS:

 

4 Tax Assessment cases have been submitted.

 

LIAISON REPORTS:
Councilwoman Archer: ECC: Creek week will be held in September. A question was asked if a resolution needs to be made for an Engineer to take a look at the swamp located north of Williams lumber on the rail trial. Planning Board: The Public Hearing for the Body of Truth will continue next month. The DEC reviewed the pond and the driveway permit will be issued by the Department of Public works.
Councilman Cilenti: nothing to report
Councilwoman Michailescu: YC: No July meeting. Next meeting is a night meeting, August 17 at 7 pm.~SUMMER PROGRAM (ending August 26)
Very successful – about 44 kids are enrolled for different periods of time.
HPC: The issues discussed at their July meeting resulted in the two letters sent by HPC:
a) to the Town Board – regarding Building Permits and relationship with the CEO (solved at the Audit/Workshop meeting)
b) to the Planning Board – regarding the Body of Truth Spa property (on National Registry since 1999). HPC expressed concerns regarding aspects of the project.~Public hearing for this property was postponed.
Budget – they would appreciate having allocated the same budget as in 2011 (for the completion of~the Veterans Park, various signs, etc.). Next meeting is September 18.
Councilman Spano: nothing to report. It was discussed that Councilman Spano meet with the Code Enforcement Officer to work on a process for communication with the HPC on historic properties.
Supervisor Chipman: nothing to report

 

NEW BUSINESS:

 

GREENWAY GRANT FOR VALLEY OF THE GIANTS:

 

Maria Reidelbach, representative for the Valley of the Giants gave some insight on the Greenway Grant program and passed out some reading material for the Board to review. She discussed the mission with Valley of the Giants as giving our beautiful valley magic and our residents an affection for our local enterprises, to help them see the people and history behind every effort, and also to attract interested visitors from beyond our borders to invigorate our economy and culture. The board discussed some concerns they have with supporting the grant and the Valley of the Giants.
1991 BLUEBIRD BUS:

 

Resolution # 66 -2011:

 

A Motion was made by Councilman Cilenti that the Town Of Rochester accept the gift of a 1991 Bluebird Bus from Town resident Robert Lapp with a value of $ 4,500.

 

Seconded by Councilman Spano    5-0aye, motion carried

 

                                        
PROPOSED LOCAL LAW # 1-2011: PARKING ON MUNICIPAL LOTS

 

Resolution # 67-2011:

 

A Motion was made by Councilman Cilenti that a Public Hearing be held on 08/25/2011 at 7:00pm at the Town Hall re: proposed Local Law: Parking on Municipal lots after hours with the Audit Workshop Meeting immediately following, and further authorizing the Town Clerk to advertise the same.

 

Seconded by: Councilwoman Archer                                Unanimously approved

 

WHITFIELD CEMETERY:

 

Resolution # 68 -2011:

 

A Motion was made by Councilman Cilenti to approve Town of Rochester Building and Grounds crew to maintain and mow the Whitfield Cemetery for a maximum of 1 year.

 

Seconded by: Supervisor Chipman                         4-0 aye
                                                                Abstain- Councilman Spano
                                                                Motion carried

 

ADVERTISE FOR VACANCIES ON BOARDS AND COMMISSIONS:

 

Resolution # 69-2011:

 

A Motion was made by Councilwoman Archer, that the Town of Rochester Town Board will hold interviews on 8/25/2011 for those interested in 2 open vacancies on the Board of Assessment Review and 1 vacancy on the Environmental Conservation Commission for the Town of Rochester. All interested persons must submit a letter of intent to the Town Supervisor P.O. Box 65 Accord, NY 12404 no later than 8/22/2011 and further authorizing the Town Clerk to advertise the same.
Seconded by: Councilman Cilenti                         5-0aye, motion carried
PUBLIC COMMENT PERIOD:

 

One resident asked if there is a time frame for the dogs held in the kennel.
Councilman Spano asked if estimates have been received for the Highway Columns.
                                                                                                                        
ADJOURNMENT:

 

A Motion was made by Councilman Cilenti to adjourn the meeting at 8:41 pm. Supervisor Chipman stated he would like to adjourn the meeting in memory of Maryann Cilenti, a member of our community who brought joy to everyone she met and gave a whole new meaning to making coffee for others.

 

Seconded by: Councilman Spano                           5-0 aye, motion carried
                                                                
Respectfully submitted,

 

Kathleen A. Gundberg
Town Clerk
A Public Hearing was held on August 25, 2011 at 7:00pm at the Town Hall
Re: Municipal Parking Lot.

 

PRESENT:
Supervisor Chipman              Councilwoman Archer             Councilman Cilenti
Councilwoman Michailescu        Councilman Spano                        Town Clerk Gundberg

 

PLEDGE:

 

Supervisor opened the meeting and Alan Levine led the Pledge of Allegiance to the Flag.
Supervisor Chipman read proposed local law #1-2011: Municipal Parking Lots.

 

Section 1. There shall be added to the Code of the Town of Rochester a new Chapter 100 entitled;  MUNICIPAL PARKING LOTS to read as follows:

 

100-1 No parking shall be allowed in municipally owned parking lots between the hours of 9pm and 6am unless the person(s) utilizing the vehicle is attending a town sponsored meeting or event at the location or has obtained the prior written permission of the Town Supervisor, due to attendance at an event that will run outside of the above hours.

 

100-2 For a first violation of this law, there shall be a fine of $ 100.00, for a second violation there shall be a fine of $ 200.00; for a third or subsequent violation there shall be a fine of $ 300.00.

 

100-3 Should a vehicle be parked in a municipal parking lot for a period of time of 24 hours or more without the prior written permission of the Town Supervisor, or be parked in such a way as to obstruct the flow of traffic through a municipally owned parking lot, the vehicle may be towed at the sole cost and expense of the vehicle’s owner.

 

Section 2. This law shall become effective upon filing in the office of the secretary of State.

 

OPEN TO THE PUBLIC:

 

Resident Sue Bruck was unable to attend the meeting and asked that Councilwoman Michailescu present her concerns in reference to the day to day operations of parking enforcement.
1. It’s not clear what would warrant permission from the supervisor.~ Will these requests go before the board or does the supervisor have sole discretion?
2. For people (i.e. V5 Trucking) who appear to have “permission”what are the guidelines for them being allowed to park for extended period of time?~ Will they pay a parking fee?~ Who will monitor their vehicles and actions?~ The Town?~ The Sheriff?
3. Will vehicles receive a tag or some other way of identifying them as having permission to park?
4. What will the process be for reporting illegally parked vehicles?
5. What will the process be for determining if the car should be towed?~ The sheriff?~ (Especially when these cars will be deemed “illegal” during hours when the town offices are closed.)
6. Who decides if the flow of traffic is being obstructed?
7. What is the filing time for gaining permission?~ A day?~ A week?~ A month?
8. How will the fine money be allocated?~ Will it go to the sheriff?~ The town?
9. Can something be added about campers?~ We have had campers in the Municipal lot as well.

 

PUBLIC HEARING CLOSED:

 

A MOTION was made by Councilman Cilenti to close the public hearing at 7:20pm.

 

Seconded by: Councilwoman Archer                                Unanimously approved
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Town Board Audit /Workshop Meeting was held on August 25, 2011 at 7:20 pm at the Town Hall.

 

PRESENT:        
Supervisor Chipman                      Councilwoman Archer     Councilman Cilenti
Councilwoman Michailescu                Councilman Spano                Town Clerk Gundberg    

 

BOARD OF ASSESSMENT REVIEW INTERVIEWS:

 

The Town Board held 3 interviews for the Board of Assessment Review.

 

VALLEY OF THE GIANTS:

 

Maria Reidelbach presented a breakdown for the Hudson River Greenway Grant proposal with explanations of the use of inkind services. After a lengthy discussion with Maria the Board stated they would review the documentation and a conclusion will be made shortly.

 

RECORDS STORAGE:

 

Town Clerk Gundberg updated the Board on progress made with the onsite records storage. She expressed concerns that she has with the damage to some of the documents. Councilwoman Archer suggests that we contact our Attorney to find out what legal obligations and requirements we have with damaged permanent records.

 

WHITFIELD CEMETERY:

 

Supervisor Chipman stated that the cemetery was mowed by a volunteer.

 

HIGHWAY COLUMNS:

 

Supervisor Chipman stated that he met with an Engineer that had the same “ Idea” he had. The outside columns will be removed and support columns will be placed inside the building.

 

APPROVAL OF BILLS:

 

A Motion was made by Councilwoman Archer to approve the following bills as audited this date

 

                        General Fund 2011 Abstract 08           $            39,382.88
                        Highway Fund 2011 Abstract 08           $            30,735.72
                        Street Lighting                                 $                 391.86
                                                                        ______________
                                                                        $           70, 510.44
Seconded by: Councilman Cilenti                                         Unanimously approved

 

DANGEROUS ROADS:

 

The Board received a letter from a Town resident in reference to Mettacahonts Rd. The resident expressed her concerns of the road being too dangerous and fears that the culvert is on the verge of collapsing. The board all agreed to bring this to the Highway Superintendent’s attention.

 

EXECUTIVE SESSION:

 

A Motion was made by Councilman Cilenti to enter into executive session at 8:55pm to discuss a specific personnel problem.

 

Seconded by Councilman Spano                                    5-0 aye, motion carried

 

A Motion was made by Councilman Cilenti to reconvene the meeting at 9:19 pm stating no monies spent nor action taken.
Seconded by: Councilman Spano                                   5-0 aye, motion carried

 

ADJOURNMENT:

 

A Motion was made by Councilwoman Archer to adjourn the meeting at 9:19pm.

 

Seconded by : Councilman Cilenti                                        5-0 aye, motion carried

 

Respectfully submitted,

 

Kathleen A. Gundberg
Town Clerk