2012 April Town Board Minutes

The Town Board Meeting was held on April 5, 2012 at 7:00 pm at the Town Hall.

 

PRESENT:        

 

Supervisor Chipman              Councilwoman Archer     Councilman Cilenti Councilman Drabkin           Councilman Spano                Town Clerk Gundberg               

 

ABSENT:

 

Attorney Christiana

 

PLEDGE:
Supervisor Chipman opened the meeting and Sis Ortley led the Pledge of Allegiance to the Flag.

 

PRESENTATION: ROCHESTER DEFENCE AGAINST HYDROFRACKING:

 

Toby Stover and Sis Ortley gave a presentation on RDAF; Rochester Defense Against Fracking. RDAF is a group of citizens who live in the Town of Rochester. “It is our responsibility to see to it that our water, air, soil and environment is protected for future generations to thrive and enjoy as we have. Therefore, we gather locally, regionally, nationally and globally to defend ourselves against the assault of fracking and other corporate abuses. In over 60 years of fracking history, the Federal, State and local institutions designed to protect us and represent our interests have shown a singular disregard for what is right and just. What they have supported instead are private profit-making goals of global, corporate shareholders and CEO’s at our expense. They have treated our living communities as their resource colonies for exploitation and waste. We find ourselves in the unenviable position of having to fight off global conglomerates empowered by the law of the land. Upon expert and experienced advice from CELDF, we are exercising our responsible, democratic duty toward ourselves and our fellow citizens in upholding our inalienable, constitutional, human and civil rights.

 

The Town of Rochester is one of many communities that rest within the Rondout Valley watershed. We as residents are responsible for protecting the watershed, which is necessary for the good health of all people that drink water, bathe in water, cook with water, wash clothes and dishes in water and wish to live in peace and freedom.
The industrial practice of Hydraulic Fracturing threatens to poison the life-blood of our communities in a rushed and desperate attempt to make a profit. We the people of the Town of Rochester have risen to face this challenge and will not shy from our responsibility to ourselves, our children, and our children’s children. We will protect our land. We will protect our water. We will banish fracking from our town and our state. We assert our inherent right to govern ourselves and will not be preempted by state or federal laws that pretend to protect, instead inflicting great harm. We assert our right to live and will not be preempted by corporate rights of commerce.
Rochester Defense Against Fracking wants our Town Board to pass an ordinance based on our rights as citizens to prohibit fracking in our town and to choose a sustainable alternative. To learn more about rights-based ordinances, their legality, history and strategic value, please visit CELDF.org (Community Environmental Legal Defense Fund).

 

PUBLIC COMMENT PERIOD:

 

Both members urged the Town Board to adopt RDAF’s proposed local ordinance and stated, “ Hydrofracking is preventable and we need the Town Board’s help to protect our Town.”

 

One resident spoke in support of the ordinance and felt that if we pull in the NYC residents and educate the public we can have a permanent ban on hydrofracking in New York. Currently there are approximately 20 residents carrying a petition entitled “ Town of Rochester’s Community Bill of Right Protection from Shale Gas and Oil Extraction”. The group is hoping to obtain approximately 2,000 signatures.

 

Several other residents also expressed concerns with fracking. “It’s important to protect our quality of life, it’s important to stay proactive and our town board needs to take charge and used their power in efforts to protect our water aquifers.”

 

Mike Baden Planning Board Chair gave an update on the cell tower located on City Hall Road. A letter sent to the planning board from current tower determined no BOND was produced. Furthermore the letter also stated that the cell tower company plans on reaching out to the Accord Fire District to allow space for emergency service antennas.

 

APPROVAL OF MINUTES:

 

A Motion was made by Councilman Cilenti to approve the minutes of the 03/01/2012 Regular Town Board Meeting and the 03/25/2012 Audit Workshop Meeting.

 

Seconded by: Councilman Spano                           Unanimously approved

 

SUPERVISOR’S REPORT:  Filed with the Town Clerk

 

CORRESPONDENCE RECEIVED:

 

Supervisor Chipman stated he addressed the issues and concerns that town residents have in reference to the Cell Tower on City Hall Road. He forwarded the information to Attorney Christiana for review. He also stated that he’s meeting with some residents to discuss the concerns on 4/9/12 at the Town Hall.

 

MORITORIUM ON HYDROFRACKING

 

Resolution # 67-2012:

 

A Motion was made by Councilwoman Archer to approve the moratorium of all hydraulic fracturing activity for exploration and capture of natural gas in the Town of Rochester for one year beginning 4/6/2012. This also includes the storage, use and transport of materials used in or for the process as well as waste products from the Hydraulic fracturing process with the Town of Rochester.

 

Seconded by: Councilman Cilenti                                 4-0 aye
                                                                        1 abstain – Drabkin
                                                                        motion carried
DISCUSSION:

 

Councilman Drabkin stated, “ lets wait until there is an application filed from a company with such operations before passing a moratorium.”

 

Councilwoman Archer argued that, “ A moratorium creates awareness and conversation. We shouldn’t wait”.

 

LEGAL MATTERS:

 

Nothing to report.

 

LIAISON REPORTS:

 

Councilwoman Archer: nothing to report
Councilman Cilenti: grievance day is scheduled for 5/24/2012.
Councilman Drabkin: ZBA: one application was reviewed. It was suggested that a workshop be scheduled for the CEO and Planning/ Zoning boards to understand CEO regulations and how applicable ideas can be offered to applicants.
Councilman Spano: nothing to report
Supervisor Chipman: YC: currently working on finalization of the summer program.
NEW BUSINESS:

 

AWARDING TOWN HALL REPAIR BID:

 

Resolution # 68-2012:

 

A Motion was made by Councilman Cilenti to award the lowest bidder IDEMA general contracting to make appropriate repairs to the highway garage columns and further directing Supervisor Chipman to use a BOND anticipation note for 5 years with the opportunity to payoff sooner.

 

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

 

The bids received for highway columns:

 

IDEMA GENERAL CONTRACTING                               $ 49,895.00
BRUSH CONTRUCTION                                               $ 52,936.00
FOURMEN CONTRUCTION                                     $ 53,000.00
TRANISTIONAL BUILDERS                                   $ 55,855.00
PARROTT ENTERPRISE INC.                                 $ 62,725.00
CHRISTIANA CONSTRUCTION                                 $ 68,500.00

 

ACCORD SPEEDWAY SCHEDULE CHANGE:

 

Resolution # 69-2012:

 

A Motion was made by Councilman Spano to change the rain date of 5/26/2012 to 9/15/2012.

 

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

 

Resolution # 70-2012:

 

A Motion was made by Councilman Spano to approve new cell phone contract with AT&T. Supervisor Chipman stated the plan has more phones, minutes, includes phone accessories at a better price than our current contract with Verizon.

 

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

 

GRIEVENCE DAY:

 

Resolution # 71-2012:

 

A Motion was made by Councilman Drabkin to move grievance day to 5/24/2012.

 

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

 

COMMUNICATIONS CONTRACT:

 

Highway Superintendent Wayne Kelder addressed the board with new lease. The Town current contract is up in May and the new contract is a 5 year lease with updating to a digital system, allowing for more compatability. Councilman Spano suggested to look into another company to compare leasing contracts. Wayne stated that he could set up a meeting with a representative from NYCOM CO. to discuss the contract, upgrades, etc.

 

Highway Superintendent also asked that the board place aside the bids for the loader and the international dump truck and body.
ADJOURNMENT:

 

A Motion was made by Councilwoman Archer to adjourn the meeting at 8:30 pm.

 

Seconded by: Councilman Cilenti                         Unanimously approved

 

Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Audit/Workshop Meeting was held on April 26, 2012 at 7:00pm at the Town Hall.

 

PRESENT:

 

Supervisor Chipman                      Councilwoman Archer     Councilman Drabkin                  Councilman Spano                    Town Clerk Gundberg

 

ABSENT:
Councilman Cilenti                

 

PLEDGE:

 

Supervisor opened the meeting and Siss Ortley led the Pledge of Allegiance to the Flag.     

 

HIGHWAY COMMUNICATIONS PRESENTATION:

 

Bill Tuthill, representative of NYCOMCO gave a presentation and discussed digital frequencies with high and low bands.

 

FRACKING DISCUSSION:

 

There was a lengthy discussion about Hydrofracking; the short and long term effects, what it does to the drinking water and quality of life for those that currently suffer from the effects of fracking. Supervisor Chipman stated that passing the moratorium on 4/6/2012 wasn’t enough and he is asking for the Town Board to support in passing the following resolution;

 

Resolution # 72-2012:

 

A Motion was made by Supervisor Chipman Seconded by Councilwoman Archer that,
The Town of Rochester Town Board call on Governor Cuomo, the State Assembly and State Senate to support and pass a statewide ban of Hydraulic fracking in the State of New York for hydrofracking gas and all related activities associated with fracking.
                                                                        
3-0 ayes
                                                                        1 Abstain -Drabkin
                                                                        Cilenti-Absent
DISCUSSION:

 

Councilman Drabkin stated, “he doesn’t know enough about the pros and cons of Hydro fracking to make a decision to support a state proposed ban.

 

Councilwoman Archer stated, “ on a local level it’s neighboring Towns working together in taking the initiative because water knows no boundaries and will move Town to Town. This resolution is communicating to the Governor where the Town of Rochester stands.”

 

APPROVAL OF BILLS:

 

A Motion was made by Councilman Drabkin to approve the following bills as audited this date
                        General Fund 2012 Abstract 04           $               34,563.49
                        Highway Fund 2012 Abstract 04           $               56,784.25
Street Lighting                                 $                    405.25
                                                                        ______________——-___
                                                                        
$             91,752.99

 

Seconded by: Councilwoman Archer                                        motion carried

 

CONSTABULARY DISCUSSION:

 

Councilman Spano stated there is nothing new to report at this time.

 

CELL TOWER:

 

Supervisor Chipman met with concerned residents in reference to the Cell Tower on City Hall Rd. There was a discussion on shielded antennas, and the board agreed that would be of great interest to look into.

 

DISCUSSION ON THE DEMOLITION OF  SBL:77.1-2-1.300:

 

Councilwoman Archer asked when demolition of Edwards home on Route 209 would take place? It’s an eyesore and a hazard to anyone who enters the property. Supervisor Chipman stated that he hopes for this summer to place it out to bid.

 

ADJOURNMENT:

 

A Motion was made by Councilman Drabkin to adjourn the meeting at 7:50 pm.

 

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