2011 July Town Board Minutes

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

 

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

 

PLEDGE:

 

Supervisor Chipman opened the meeting and Beverly Schoonmaker 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 06/02/2011 Regular Town Board Meeting and May 2011 Audit, and 06/30/2011 Audit Workshop meeting.

 

Seconded by: Councilwoman Archer                                5-0aye, motion carried
                                                                

 

SUPERVISOR’S REPORT:  Filed with the Town Clerk

 

SUPERVISOR’S UPDATE:

 

Supervisor Chipman discussed the hydrofracking conference he attended. He stated at the conference difference of opinions about hydrofracking were discussed, the pros and cons to hydrofracking and avenues the Board can take on promoting or discouraging hydrofracking in our town. The Board agreed to monitor the situation and to take action when needed.

 

CORRESPONDENCE RECEIVED:

 

Supervisor Chipman received a letter from a resident on Rest Plaus Road in reference to the County Route 6 and Lucas Turnpike intersection. Supervisor Chipman stated he spoke with the resident and explained the process, and agrees that the problem still exists, but encourages residents to contact the County Commissioner of Public Works.

 

LEGAL MATTERS:

 

Attorney Christiana stated that oral arguments for the Mombaccus case begin 9/14/2011 and believes that a decision will be made by December.

 

LIAISON REPORTS:
Councilwoman Archer: ECC: no meeting held. Planning Board: 4 applications were reviewed, & 1 lot line adjustment
Councilman Cilenti: nothing to report
Councilwoman Michailescu: YC: The summer program starts 7/11/2011 and will run till 8/26/2011. The night Youth Commission meeting is scheduled for 8/17/2011. HPC: Councilwoman Michailescu reported back to the HPC issues that were discussed at the audit workshop meeting.
Councilman Spano: nothing to report
Supervisor Chipman: nothing to report

 

NEW BUSINESS:

 

APPROVAL OF SURPLUS EQUIPMENT BID:

 

Resolution # 60 -2011:

 

A Motion was made by Councilman Cilenti that the Town Of Rochester accept the winning bids received on June 28th 2011 for Surplus Highway and General Fund equipment. Be it further resolved that the Town Clerk receive payment from the winning bidders and provide receipts for such payments before allowing the transfer of said sold articles.

 

Seconded by Councilman Spano                            5-0aye, motion carried

 

1981 John Deere Backhoe w/ Wain- Roy attachment         Doug Tyler
1988 GMC Dump Truck 3500 w/ 9’ snow plow                        Stephen Shapiro
1987 Mack Truck Chasis w/ 11’ front plow & wing                 Devino Trucking
Grates for sander bodies                                                Don Mackenzie
Wain-Roy attachment with buckets                                        Doug Tyler
Tires ( various small sizes)                                            Doug Tyler
Tires 6 17.5 x 25                                                       Doug Tyler
Tires 4 20.5 x 25                                                       Mensche 
Culvert                                                                 Doug Tyler              
11’ Snow Plow                                                   Don Mackenzie
Wing snow plow blade                                            Doug Tyler
Lime Sower                                                              n/a
Broom                                                                   Doug Tyler
1987 Diesel Engine                                                      Doug Tyler
1993 GMC Sierra 2500 4×4                                                Don Mackenzie
1993 Ford F150 4×4                                                      Doug Tyler
Sander Buyers                                                           Wayne Kershaw
Wooden Desk                                                             Merci   Sciarrino
IBM typewriter                                                  n/a
                                        
RECORDS STORAGE REPORT:

 

Town Clerk Gundberg reported to the Board her findings on the permanent record storage at Iron Mountain, and once meeting with a representative a proposal will be formulated.

 

SAUNDERSKILL FARM PROPERTY:

 

Resolution # 61 – 2011:

 

A Motion was made by Councilman Cilenti, that the Town of Rochester Deed back to the Schoonmaker Family and/or Saunderskill Farms the portion of the property Tax Map ID# 77.9-1-1.2 which is not being used as was intended for municipal parking when said property was donated to the Town of Rochester. Be it further resolved that the Town of Rochester will have said parcel to be subdivided surveyed for conveyance back to the Schoonmaker Family in accordance with the original acceptance agreement.

 

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

 

ASSESSMENT SETTLEMENT:

 

Resolution # 62  -2011:

 

A Motion was made by Councilman Cilenti, that the Town of Rochester hereby offer a settlement of Assessment litigation to Grzegorz Miesczak in the amount of $250,000 for the assessed value of property located at Tax Map ID # 68.19-3-1.

 

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

 

GREENWAY GRANT FOR VALLEY OF THE GIANTS:

 

Resolution # 63 -2011:

 

A Motion was made by Councilman Cilenti and Seconded by Councilman Spano that,

 

WHEREAS, the Town of Rochester is applying to the Hudson River Valley Greenway for a grant under the Greenway Communities Grant Program for a project entitled Valley of the Giants to be located in the Town of Rochester,

 

WHEREAS, the grant application requires the applicant municipality to obtain the approval / endorsement of the governing body of the municipality or municipalities in which the project will be located;

 

NOW, THEREFORE, be it resolved that the governing board of the Town of Rochester hereby does approve and endorse the application for a grant under the greenway Communities Grant Program, for a project known as the Valley of the Giants and located within this community.

 

DISCUSSION:

 

After a lengthy discussion about the Town supporting or endorsing businesses that will profit from the support of the Board, it was agreed not to authorize the resolution until further information is gathered.

 

CAPITAL ROAD PROJECT:

 

Resolution # 64 -2011:

 

A Motion was made by Councilman Spano that the Town of Rochester expend $200,000 for Capital Road Projects from Highway Account DA5110.4 in anticipation of CHIPs revenue to be received in September 2011.

 

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

 

Mike Baden Chairman to the Planning Board asked that the Planning and Zoning office to be included in the storage space decision. He also asked Attorney Christiana if a lot line adjustment is required for Deeding property back to the Schoonmaker family.

 

One resident asked if the bid information is available to the public.
                                                        Michailescu absent                                              Michailescu absen                                                                                        
ADJOURNMENT:

 

A Motion was made by Councilman Cilenti to adjourn the meeting at 8:05 pm in memory of Bruce Schoonmaker. Bruce was a member of our community who epitomized the ideal of dedicated community service. He served as a member of the Accord Fire Company for 56 years, was a trustee to the Pine Bush Cemetery, a Constable and an officer of the Court to the Town of Rochester, he finished out his final years as a member of the Board of Assessment Review. The Board all expressed their gratitude and are honored to have known such a wonderful man.

 

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

 

Kathleen A. Gundberg
Town Clerk
The Town Board Audit /Workshop Meeting was held on July 28, 2011 at 7:00 pm at the Town Hall.

 

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

 

Supervisor Chipman opened the meeting and Chick Logan led the Pledge of Allegiance to the Flag.

 

VALLEY OF THE GIANTS:

 

A representative from the Valley of the Giants gave the Board clarifications on the Hudson River Greenway Grant, and what their mission is.

 

PALENTOWN SCHOOL:

 

Gary Miller and Chick Logan updated the Board on progress made to the Palentown School and discussed some repair work that the school is in need of. They invited the Town Board to an open house scheduled for the 4th Saturday in August and September from 1-3pm.

 

APPROVAL OF BILLS:
A Motion was made by Councilwoman Michailescu to approve the following bills as audited this date

 

                        General Fund 2011 Abstract 07           $           41,528.50
                        Highway Fund 2011 Abstract 07           $         137,952.27
                        Street Lighting                                 $               362.70
                                                                        ______________
                                                                        
                                                                        $         179,863.47
Seconded by: Councilman Spano           Unanimously approved, motion carried
MARRIAGE OFFICER:

 

Resolution # 65-2011:

 

A Motion was made by Councilman Cilenti that the Town Board appoint Carl J. Chipman as Marriage Officer (as per his request) effective 07/28/2011 with a term to expire 12/31/2013 & the salary to be $ 0 dollars as per section 11 of the NYS Domestic Law.

 

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

 

BUS DONATION:

 

Robert Lapp a resident of the Town is looking to donate a school bus to the Town of Rochester. Supervisor Chipman stated he looked over the bus and it seems to be in good shape and he’ll have it looked over by a mechanic as well.

 

HPC/CEO NOTIFICATION:

 

Supervisor Chipman stated that he spoke with the CEO and the issue of notification between the Historic Preservation Commission and CEO on Historic Properties has been addressed and resolved. The Board all agreed that an apology should be issued to the HPC.

 

MUNICIPAL LOT PARKING:

 

Supervisor Chipman asked the Board to review proposed local law on 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.

 

Members of the Board stated they will review the proposed Local Law and give their recommendations  & changes and a date for a public hearing will be set at the August Town Board Meeting.

 

WHITFIELD CEMETERY:

 

Supervisor Chipman discussed financial issues that the Whitfield Cemetery is currently undergoing. Supervisor Chipman stated that he is asking for the Board support to provide services such as maintenance & grounds work until the Cemetery’s financial crisis is resolved.

 

OUTDOOR WOODBURNING FURNACE COMPLIANCE:

 

Supervisor Chipman stated those that are in compliance with the State & Town regulations yet complaints are still made, residents must contact the DEC.

 

SURPLUS BID EQUIPMENT:

 

A Motion was made by Supervisor Chipman that a certified letter be sent to those who haven’t paid or picked up bid items they were awarded on the surplus equipment bid. The letter is to state that items must be paid for and picked up no later then 8/15/2011; and at that time their bid will be forfeited and the bid will be awarded to the next highest bidder.

 

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

 

ADJOURNMENT:

 

A Motion was made by Councilwoman Archer to adjourn the meeting at 8:00pm.

 

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

 

Respectfully submitted,

 

Kathleen A. Gundberg
Town Clerk