2012 July Town Board Minutes

A Continued Public Hearing was held on July 5, 2012 at 7:00pm at the Town Hall
Re: Exploration for or Extraction of Natural Gas.

 

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

 

PLEDGE:

 

Supervisor opened the meeting and Terrance Ward led in the Pledge of Allegiance to the Flag.

 

PUBLIC COMMENT PERIOD:

 

Several spoke out to reiterate what was discussed at last months public hearing and  encouraged the Town Board to include petroleum and pass Local Law # 2-2012.

 

Residents have made it clear their concerns about how fracking threatens their quality of life. Hydrofracking threatens our water, air, health, habitats, jobs, property values, our future and our future generations.

 

It was agreed amongst many that fracking is a violation of human rights not only for our generation but for generations here on after. The RDAF ( Rochester Defense Against Fracking) feels in addition to the zoning ban, it’s imperative to work on passing a Community Bill of Rights Ordinance and take a stand to protect the human rights of our Town residents.

 

Councilman Cilenti thanked Steve Fornel for clarifications on Hydrofracking. He’s been researching to better educate himself and understands the importance of petroleum being included in the proposed Local Law. He stated he would still like to see an unbiased geology report so we are educated and know what is below the ground that we live on.

 

Councilwoman Archer stated that there is a clear concern about our water. This is a critical time sensitive issue and if it is not taking seriously what are the long term effects? We need to make it known how the Town of Rochester feels about fracking that is why it was important to send a letter to the Governor and why it’s important to push this law through it would be a mistake to wait.

 

Councilman Spano stated rather than jumping the gun and push a law through that may not hold up in court or eventually cost the Town thousands in legal fees lets put laws & ordinances into place that we have control over now and further develop a local law that will hold.  On a local level we can petition the county to protect our roadways in the Town. We have the ability to control truck class activity on roadways in our town that will keep Hydrofracking trucks off town roads. We can put ordinances in place not allowing brine to be used on our town road. Councilman Spano stated that they’re other avenues to explore that will further protect our Town.

 

Councilman Drabkin asked for some clarification on a Hydrofracking moratorium. What is involved in the process of placing a law imposing a moratorium.

 

Supervisor Chipman stated he has been researching Hydrofracking for little over a year now and is continuing his education as it pertains to such a controversial issue. The majority of the people of the town are against it and he feels lets put this law into place, further educate ourselves and in the future we can place amendments.

 

Councilwoman Archer stated, “lets put this law through and continue to do our homework”.
ADVERTISE SPECIAL MEETING:
Resolution # 89-2012:

 

A Motion was made by Councilwoman Archer to schedule a special meeting on 7/23/2012 at 7pm at the Town Hall for the purpose of review of proposed local law
# 2-2012 re: Exploration for the extraction of natural gas and further authorize the Town Clerk to advertise the same.

 

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

 

A Motion was made by Supervisor Chipman to continue the public hearing on
August 2, 2012.

 

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

 

Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Town Board Meeting was held on July 5, 2012 at 8:30 pm at the Town Hall.

 

PRESENT:        

 

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

 

PUBLIC COMMENT PERIOD:

 

There were several residents upset with the recent fee increases in regards to the transfer station charging for items in the free bin.

 

One resident stated passing the fracking law and being proactive shows the Town of Rochester taking a step of courage against the multi million-dollar business.

 

Another resident stated the fracking industry is more than just drilling, its injecting unknown chemicals into wells, brine on the roads, destroying our drinking water and quality of life.

 

One volunteer of the Rochester food pantry stated that they are the busiest they’ve been. There is a small amount of food supply and a lot of people in need.

 

APPROVAL OF MINUTES:

 

A Motion was made by Councilman Drabkin to approve the minutes of the 06/07/2012 Regular Town Board Meeting, the 6/07/2012 Public Hearing and the 06/28/2012 Audit Workshop Meeting.

 

Seconded by: Councilman Cilenti                         Unanimously approved

 

LEGISLATURE REPORT- CHAIRWOMAN BERNARDO:

 

4 topics of discussion were countywide assessing, the UCRRA, Emergency service radios, & Hydrofracking. Chairwoman Bernardo briefly discussed the County Comptrollers office proposing countywide assessing.  The RRA financial issues have been a topic of discussion. Currently the RRA is operating at a 22 million dollar deficit and each year the debt is increasing. Emergency service radios operate on a low ban system, the legislature is looking into participating in a regional infrastructure to allow the radios to be within compliance. At the previous legislature meeting the banning of use of brine on county roads was passed.

 

SUPERVISOR’S REPORT:  Filed with the Town Clerk

 

CORRESPONDENCE RECEIVED:

 

Supervisor Chipman wanted to discuss the county-wide assessing proposed by the county. Once the Town control is gone the costs increase dramatically. Supervisor Chipman then stated government closest to you, is the greatest service to you.

 

LEGAL MATTERS:

 

Oral arguments for Feldman vs. Body of Truth begin 9/13/2012.

 

LIAISON REPORTS:
Councilwoman Archer: PB: new application for a lot line adjustment, Verna Gillis application was approved, the Sterret Smith public hearing is scheduled for 7/10/12, the planning board closed the public hearing on Mombaccus. HPC: no meeting held.
Councilman Cilenti: nothing to report.
Councilman Drabkin:  working on analysis fees for the transfer station
Councilman Spano: nothing to report.
Supervisor Chipman:YC: the summer program starts 7/9/12.
NEW BUSINESS:

 

PUBLIC HEARING ON AMENDING CHAP. 132-2 TOWN CODE:
Resolution # 90-2012:

 

A Motion was made by Councilman Cilenti to schedule a public hearing for amending Chapter 132-2 “ no parking zones” of the Code of the Town of Rochester on 7/26/2012 at 7pm at the Town of Rochester Town Hall 50 Scenic Rd. Accord, NY 12404 and further authorizing the Town Clerk to advertise the same.

 

Seconded by: Councilman Drabkin                         5-0 aye, motion carried                                                 
PUBLIC HEARING ON SPECIAL EVENTS IN R-1 ZONING DISTRICT:
Resolution # 91-2012:

 

A Motion was made by Councilman Cilenti to schedule a Public Hearing for “ Special Events” in the R-1 zoning district of the Code of the Town of Rochester on 8/2/2012 immediately following the scheduled Public Hearing on Exploration of natural gas, and further authorizing the Town Clerk to advertise the same.

 

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

 

ROAD BOND ROCK MOUNTAIN RIDGE:
Resolution # 92-2012:

 

A Motion was made by Councilman Cilenti to accept the letter of credit from purchaser of Rock Mountain Ridge with the following conditions; The letter of credit must be a New York bank with offices in the County of Ulster subject to Town Attorney’s approval.

 

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

 

Resolution # 93-2012:

 

A Motion was made by Councilman Cilenti upon approval of sale the Town of Rochester shall release current owners account.

 

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

 

TRANSFER STATION FREE BIN:
Resolution # 94-2012:

 

A Motion was made by Councilman Cilenti to allow Town residents to drop off and pickup items from the free bin free of charge.

 

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

 

PUBLIC COMMENT PERIOD:

 

Several residents thanked the board for revisiting the Free Bin fee issue.

 

ADJOURNMENT:

 

A Motion was made by Councilman Cilenti to adjourn the meeting at 10:10 pm.

 

Seconded by: Councilman Spano                                     Unanimously approved

 

Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
A Public Hearing was held on July 26, 2012 at 7:10pm at the Town Hall
Re: Amending Chapter 132-2 of the Town of Rochester Code.

 

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

 

PLEDGE:

 

Supervisor opened the meeting and Councilman Cilenti led the Pledge Allegiance to the Flag.
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Supervisor Chipman stated that parking on both sides of the road located at the swimming hole on Towpath Rd. known as the “deep hole” is causing traffic hazards and obstructing passage for emergency vehicles.

 

OPEN TO THE PUBLIC:

 

Several residents spoke about concerns they have with parking on Webster Ave. One resident stated that with such a narrow road it is difficult to drive through when large vehicles are parked on either side. Others agreed and stated that parking on Webster Ave. has caused school buses to hinder, the mail lady unable to deliver mail emergency vehicles would be unable to pass through and residents are worried about the public safety.

 

No further comments.

 

PUBLIC HEARING CLOSED:

 

A MOTION was made by Councilman Drabkin to close the public hearing at 7:05pm.

 

Seconded by: Councilman Cilenti                         Unanimously approved

 

Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Audit/Workshop Meeting was held on July 26, 2012 at 7:05pm at the Town Hall.

 

PRESENT:

 

Supervisor Chipman              Councilwoman Archer     Councilman Cilenti    Councilman Drabkin                    Councilman Spano            Town Clerk Gundberg
APPROVAL OF BILLS:

 

A Motion was made by Councilman Cilenti to approve the following bills as audited this date
                        General Fund 2012 Abstract 07           $                33,533.19
                        Highway Fund 2012 Abstract 07           $              230,955.19
Street Lighting                                 $                     390.68
                                                                        ______________——-___
                                                                        
$           264,879.06  

 

Seconded by: Councilman Drabkin                                                       motion carried                                    motion carried

 

DISCUSSION:

 

Councilman Drabkin discussed changes with the financial reporting. The reports should go by invoices not statements.
EXECUTIVE SESSION:
A Motion was made by Councilman Drabkin to enter into executive session at 7:25pm to discuss a legal issue and an employee matter.
Seconded by: Councilman Cilenti                         5-0 aye, motion carried
A Motion was made by Councilman Spano to reconvene the meeting at 7:45pm stating no action taken nor monies expended.
Seconded by: Councilman Drabkin                         5-0aye, motion carried
Councilman Cilenti stated that he would like to discuss at the regular Town Board meeting the topic of using constable service.
SPECIAL MEETING:
Resolution # 95-2012:
A Motion was made by Councilman Cilenti to schedule a special meeting 08/09/2012 at 7:00pm at the Community Center for the purpose of review of proposed Local Law # 2-2012 re: Exploration for the extraction of natural gas.
Seconded by: Councilman Drabkin                         5-0 aye, motion carried
ADJOURNMENT:                                                    
A Motion was made by Councilman Cilenti to adjourn the meeting at 8:15 pm.

 

Seconded by: Councilman Spano                                   motion carried
                                                                                
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk