2012 December Town Board Minutes

The Town Board Meeting was held on December 6, 2012 at 7:00 pm at the Town Hall.

 

PRESENT:        

 

Supervisor Chipman              Councilwoman Archer     Councilman Drabkin
Councilman Spano                        Town Clerk Gundberg       Attorney Christiana
Councilman Cilenti (7:30)

 

SUPERVISOR’S UPDATE:

 

Supervisor Chipman opened the meeting and read the following;

 

Dear Town of Rochester Residents,
~
“ I think it’s time to clarify a few things. Firstly I did not state that I wanted a landfill in Rochester. I did state that I would talk about it. Anyone who knows me knows that I don’t make any decisions on anything without gathering facts and that includes having a dialogue. I did the same thing about fracking and now am one of the leading elected opponents to that process. That is my nature and when I gathered the facts I realized the danger it posed to our water, pristine environment, and way of life and decided no way for us. I would not support a landfill if I thought there would be any harm to our town but first I would have to learn what the impacts could be. I did not realize how what I said would be misconstrued in that headline in the Kingston Freeman and further more have never met or made or seen any plans for a landfill. As a matter of fact, I have never met this man named Charles Landi who was mentioned in the article.~ I regret being so naïve to not think about how my statements can be used and it was a mistake on my part not to realize such. The paper took a couple statements out of a 3-minute address and ran with it. It’s as simple as that and I was stupid to not guard against something like this. Quite simply I made a mistake and learned a valuable lesson from this incident.
~
Unfortunately the paper neglected to print the other 2 minutes and 45 seconds which I discussed the inefficiencies of the UCRRA and the rising costs of solid waste disposal in our town and county. Currently the UCRRA has a tiered pricing system for solid waste tipping in which municipalities and small haulers pay considerably more than large corporate haulers. I consider this a form of corporate welfare and completely wrong. The citizens who I represent should not pay for Waste Management and other large haulers to make a profit. I consider the resolution to enact flow control before the legislature to be a temporary solution to the problem at best because they are hauling solid waste hundreds of miles, which makes the agency operate fundamentally at a competitive disadvantage. It makes no sense economically or environmentally. With legislated flow control in effect as being proposed, the UCRRA will have carte blanche to raise tipping fees as they see fit. I am very much afraid this will lead to increased fees at the local level at our transfer station or through higher taxes and charges for the local consumer. Those higher costs will translate to increased illegal dumping along our roads and pollution throughout our town. This is already a problem which I deal with constantly and don’t want to see worsen. I want to keep our town clean and pollution free. I proposed a commission be created to oversee UCRRA activities such as price increases to limit its power. I also mentioned the possibility of a county landfill as a potential part of a solution.~ Unfortunately none of these points that I posed made it to print. Controversy sells papers, not common sense.
~
So let me make things perfectly clear; I am not supporting a landfill in Rochester and our Town Board has not had any discussions concerning siting one. I apologize to the Town Board for my actions and this past week I realized that I am Carl Chipman Town of Rochester Supervisor and what I say reflects this board. We’ve all worked together to bring this Town together and I refuse to let it be divided again.”

PUBLIC COMMENT PERIOD:
No comments made.

 

APPROVAL OF MINUTES:

 

A Motion was made by Councilman Spano to approve the minutes of the 11/05/2012 Regular Town Board Meeting, 11/15/2012 PH Budget, 11/26/2012 PH on amending residency requirements for Constables, 11/26/2012 PH on Amending Chap. 132 of the Town Code Parking Law, 11/26/2012 Audit workshop meeting.

 

Seconded by: Councilwoman Archer                        Unanimously approved

 

SUPERVISOR’S REPORT:  Filed with the Town Clerk

 

LEGAL MATTERS:

 

Nothing to report

 

LIAISON REPORTS:
Councilwoman Archer: HPC: Appledorn & Schoonmaker farms were designated for the national register. Marian Dumond presented to the HPC her work with Ellenville and Wawarsing great dialog and the commission looks forward to meeting with her again.
Councilman Cilenti: nothing to report.

 

Councilman Drabkin:  ZBA: application for an undersized lot. Transfer Station: gave an analysis for the month of October and November

 

Councilman Spano: nothing to report.

 

Supervisor Chipman: ECC: no meeting held. YC: tree lighting Friday 12/7/12 at 5pm at the town hall. There was a question to see if the Youth Commission can have 5 members as opposed to 6? Supervisor Chipman stated he would have to look into the state guidelines. The record management grant that Mike and Becky worked on was approved and the Town will receive $8,966.00! Congrats Mike and Becky!!

 

NEW BUSINESS:

 

Local Law # 3-2012: Amending Residency Requirements for Constable
Resolution # 122-2012:

 

A Motion was made by Councilman Drabkin to approve proposed Local Law #3-2012 re: residency requirements for Constable

 

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

 

SECTION 1.  Pursuant to the Laws of the State of New York and Specifically Municipal Home Rule Law 10, the Town of Rochester hereby waives the residency requirements set forth in New York State Public Officers Law 3 and New York State Town Law 23 for the positions of Police Constables of the Town of Rochester.

 

SECTION 2. This Law shall take effect immediately upon filing in the office of the New York State Secretary of State.

 

SALE OF 2013 TRANSFER STATION PERMITS:
Resolution # 123-2012:

 

A Motion was made by Councilman Drabkin to authorize the sale of the of 2013 Transfer Station permits. Residential permits $ 35.00, Non-Resident permits $ 70.00.

 

Seconded by: Councilman Spano                           4-0aye, motion carried
                                                                Cilenti- Absent
ADVERTISE FOR VACANCIES ON ALL BOARDS AND COMMISSIONS:
Resolution # 124-2012:

 

A Motion was made by Councilman Spano to authorize the Town Clerk to advertise for vacancies on all boards and commissions.

 

Seconded by: Councilwoman Archer                                4-0aye, motion carried
                                                                Cilenti- Absent         
OLD BUSINESS:

 

Councilman Spano asked what 4 Town locations Charles Landi mentioned in last weeks article on County Landfill were and if there is mention of landfills in the Town Code under Zoning.

 

Supervisor Chipman stated the 4 locations mention were the Hudson Valley Resort, property located on Schwabie turnpike, Mtn. Laurel Rd. & Sundown Rd. He also stated the location mentioned for Marbletown were Mohawk and Rosendale Williams Lake.

 

PUBLIC COMMENT PERIOD:

 

One resident stated that there is a lack of law enforcement in our town and it is possible that more is needed than constables. This time of the year with hunting season in full effect there is a lot of trespassing and the woods sound like a wild wild west show. Another issue is the timing of arrival of the police departments. NYS troopers and the UC Sheriff dept. cover a lot of ground and the health & safety of our citizens is at risk.
With a history of hooligans and illegal practices within law enforcement the Town Board should investigate the costs of a Town Police force.  As long as all properties are accessed properly this may possibly be of little cost to the budget.

 

Councilman Spano explained when insurance benefits, salary costs, facilities, supplies & retirement are factored into operating a fulltime local police force 24hrs a day it would be a monumental cost to the Town. It is worth exploring but during these times a lot of local forces are cutting back.

 

Councilman Cilenti further explained that constables would have the authority for work  the resident was referring to.  Constables can’t exercise warrants & minor violations but has authority when it comes to felonies. Peace officers these days have more training and availability needed for protection of Town residents.

 

Another asked if there is a residency requirement for the youth commission.

 

ADJOURNMENT:

 

A Motion was made by Councilman Cilenti to adjourn the meeting at 7:40pm.

 

Seconded by: Councilman Drabkin                                   Unanimously approved

 

Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Audit/Workshop Meeting was held on December 27, 2012 at 7:00pm at the Town Hall.

 

PRESENT:
Supervisor Chipman              Councilman Cilenti              Councilman Spano
Town Clerk Gundberg               

 

ABSENT:
Councilwoman Archer     Councilman Drabkin              Attorney Christiana             

 

PLEDGE:

 

Supervisor Chipman opened the meeting and Town Clerk Gundberg led in the Pledge of Allegiance to the Flag.

 

INCREASE BUDGET LINE:
Resolution # 125-2012:

 

A Motion was made by Councilman Spano to authorize the Highway Roads Budget Line DA 5110.4 be increased to reflect FEMA approved repairs made to roads resulting from damage created by Hurricane Irene. Such funds for repairs were received from FEMA.

 

Seconded by: Councilman Cilenti                         3-0aye, motion carried

 

APPROVAL OF GENERAL FUND TRANSFERS:
Resolution # 126-2012:

 

A Motion was made by Councilman Cilenti to;
Transfer $ 4,000.00 from Justice Personal Service A1110.1 to Justice Contractual A1110.4
Transfer $ 7,225.00 from Assessor Personal Service A1355.1 to Assessor Contractual A1355.4
Transfer $250.00 from Buildings Contractual A1620.4 to Parks Contractual A7110.4
Transfer $ 43,429.10 from Contingency Contractual A1990.4 to Safety Net Contractual A6140.4
Transfer $25,00.00 from Assessor Personal Service A1355.1 to Safety Net Contractual A6140.4
Transfer $4,737.78 from Supervisor Contractual A1220.4 to Safety Net Contractual  A6140.4
Transfer $ 2,700.00 from Youth Programs Personal Services A7310.1 to Youth Programs Contractual A7310.4
Transfer $ 2,000.00 from Data Processing Contractual A1680.4 to Central Communications A1650.4
Transfer $ 35,000.00 budgeted for Internet Development from Central Communications Contractual A 1650.4 into Internet Development Fund. Total in fund now will be
$ 70,000.00

 

Seconded by: Councilman Spano                           3-0aye, motion carried

 

APPROVAL OF BILLS:

 

A Motion was made by Councilman Cilenti to approve the following bills as audited this date
                        General Fund 2012 Abstract 12           $                110,429.19
                        Highway Fund 2012 Abstract 10           $                  22,932.82
Street Lighting                                 $                       416.47
                                                                        ______________——-___
                                                                        
 $            133,778.48
Seconded by: Councilman Spano                                                      motion carried       
                
ADJOURNMENT:                                            
A Motion was made by Councilman Cilenti to adjourn the meeting at 7:15 pm.

 

Seconded by: Supervisor Chipman                                 motion carried
                                                                                
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk