The Town Board Meeting was held on March 1, 2012 at 7:00 pm at the Town Hall.
PRESENT:
Supervisor Chipman Councilman Cilenti Councilman Drabkin
Councilman Spano Town Clerk Gundberg Attorney Christiana
ABSENT:
Councilwoman Archer
PLEDGE:
Supervisor Chipman opened the meeting and Terence Ward led the Pledge of Allegiance to the Flag.
PUBLIC COMMENT PERIOD:
No comments made.
APPROVAL OF MINUTES:
A Motion was made by Councilman Cilenti to approve the minutes of the 02/02/2012 Regular Town Board Meeting and the 02/23/2012 Audit Workshop Meeting.
Seconded by: Councilman Drabkin Unanimously approved
SUPERVISOR’S REPORT: Filed with the Town Clerk
CORRESPONDENCE RECEIVED:
On 4/28/2012 UCRRA scheduled a household hazardous waste, electronics and pharmaceutical collection day. This will provide a safe alternative for drop off of unwanted paints, pesticides and other household chemicals. This event is for Ulster County Residents. Supervisor Chipman stated that there is an electronic collection site at the Town of Rochester transfer station.
Supervisor Chipman stated he is working with Ulster County department of health on different networks in regards to teen suicide. Raising awareness, counseling families, getting information to the public is crucial in the prevention of teen suicide.
LEGAL MATTERS:
Supervisor Chipman stated, “ Periwinkle Mason (AKA: Attorney Christiana) is at it again.” Attorney Christiana announced that the Mombaccus appeal was denied and Feldman vs. Body of Truth was dismissed.
LIAISON REPORTS:
Councilwoman Archer: absent
Councilman Cilenti: All exemption application and renewals were due 3/1/12.
Councilman Drabkin: ZBA had no agenda.
Councilman Spano: nothing to report
Supervisor Chipman: ECC: the RVGA has a farming event scheduled for
3/9/2012 at the Accord Firehouse. The previous farming event was a big success with farming being a detrimental part of Town of Rochester heritage. HWY: the highway department still working with FEMA on paperwork. Highway Superintendent Wayne Kelder stated, “ a lot of accomplishments have been made in a short period of time, generally the time frame is 18 months for repairs due to Hurricane disasters.” Councilman Cilenti stated the “highway department did a tremendous job and much do to Wayne’s 24 years of experience as Highway Superintendent.”
Mike Baden Chairman to the planning board gave an update of previous meeting. 6 items were on the agenda. Final approval for a 2 lot subdivision, public hearing for a 2 lot subdivision for Leon Smith, new application for T-mobile to place antennas on an existing cell tower on City Hall Rd., Saunderskill addition, 1 lot line adjustment and a 2 lot subdivision on Granite Rd.
NEW BUSINESS:
BID FOR COMBINATION AIRFLO DUMP BODY SPREADER:
Resolution # 41-2012:
A Motion was made by Councilman Drabkin to authorize Highway Superintendent Wayne Kelder to place for sealed bid one heavy-duty combination AirFlo dump body material spreader and related accessories. Bids due to the office of the Town Clerk on or before 3/26/2012 at 11am, at which time they will be opened and read aloud and for the Town Clerk to advertise as such.
Seconded by: Councilman Cilenti 4-0aye, motion carried
INTERNATIONAL DUMP TRUCK:
Resolution # 42-2012:
A Motion was made by Councilman Cilenti to authorize Highway Superintendent Wayne Kelder to place for sealed bid one heavy duty International Dump truck equipped with Viking model plows and an AirFlo material spreader, with Automatic Transmission alternate bid manual transmission. Bids due to the office of the Town Clerk on or before 3/26/2012 at 11am, at which time they will be opened and read aloud and for the Town Clerk to advertise as such.
Seconded by: Councilman Drabkin 4-0aye, motion carried
APPOINTMENTS:
ENVIRONMENTAL CONSERVATION COMMISSION:
Resolution #43-2012:
A Motion was made by Councilman Cilenti that Steve Rice be appointed to the Environmental Conservation Commission with terms to expire 12/31/2014.
Seconded by: Councilman Spano 4-0aye, motion carried
Resolution #44-2012
A Motion was made by Councilman Cilenti that Ryan Trapani be appointed to the Environmental Conservation Commission with terms to expire 12/31/2014.
Seconded by: Councilman Drabkin 4-0aye, motion carried
Resolution # 45-2012:
A Motion was made by Councilman Cilenti that Joe Britt be appointed to the Environmental Conservation Commission with terms to expire 12/31/2014.
Seconded by: Councilman Drabkin 4-0aye, motion carried
Resolution # 46-2012:
A Motion was made by Councilman Cilenti that George Gomes be appointed to the Environmental Conservation Commission with terms to expire 12/31/2013.
Seconded by: Councilman Spano 4-0aye, motion carried
Resolution # 47-2012:
A Motion was made by Councilman Cilenti to re-appoint Laura Finestone to serve as Chairwoman to the Environmental Conservation Commission.
Seconded by: Councilman Drabkin 4-0aye, motion carried
Resolution # 48-2012:
A Motion was made by Councilman Cilenti to re-appoint Steve Rice to serve as Vice-Chair to the Environmental Conservation Commission.
Seconded by: Councilman Spano 4-0aye, motion carried
HISTORIC PRESERVATION COMMISSION:
Resolution # 49-2012:
A Motion was made by Councilman Cilenti that Alice Cross be appointed to the Historic Preservation Commission with a term to expire 12/31/2014.
Seconded by: Councilman Spano 4-0 aye, motion carried
Resolution # 50-2012:
A Motion was made by Councilman Cilenti to re-appoint Alice Cross to serve as Chairwoman to the Historic Preservation Commission.
Seconded by: Councilman Drabkin 4-0aye, motion carried
Resolution # 51-2012:
A Motion was made by Councilman Cilenti to re-appoint Maggie Dulka to serve as Vice-Chair to the Historic Preservation Commission.
Seconded by: Councilman Spano 4-0aye, motion carried
PLANNING BOARD:
Resolution #52-2012:
A Motion was made by Councilman Cilenti that Adam Paddock be appointed to the Planning Board with a term to expire 12/31/2018.
Seconded by: Councilman Spano 4-0aye, motion carried
Resolution #53-2012:
A Motion was made by Councilman Cilenti that Robert Case be appointed alternate to the Planning Board with a term to expire 12/31/2012.
Seconded by: Councilman Spano 4-0aye, motion carried
Resolution #54-2012:
A Motion was made by Councilman Cilenti to re-appoint Mike Baden to serve as Chairman to the Planning Board.
Seconded by: Councilman Spano 4-0aye, motion carried
Resolution # 55-2012:
A Motion was made by Councilman Cilenti to re-appoint Robert Rominger to serve as Vice-Chair to the Planning Board.
Seconded by: Councilman Drabkin 4-0aye, motion carried
ZONING BOARD OF APPEALS:
Resolution # 56-2012:
A Motion was made by Councilman Cilenti that Troy Dunn be appointed to the Zoning Board of Appeals with a term to expire 12/31/2016.
Seconded by: Councilman Drabkin 4-0aye, motion carried
Resolution # 57-2012:
A Motion was made by Councilman Cilenti that John Dawson be appointed to the Zoning Board of Appeals with a term to expire 12/31/2012.
Seconded by: Councilman Drabkin 4-0aye, motion carried
Resolution # 58-2012:
A Motion was made by Councilman Cilenti that Charles Fischer be appointed alternate to the Zoning Board of Appeals with a term to expire 12/31/2012.
Seconded by: Councilman Spano 4-0aye, motion carried
Resolution # 59-2012:
A Motion was made by Councilman Cilenti to re-appoint Bea Haugan- Depuy to serve as Chairwoman to the Zoning Board of Appeals.
Seconded by: Councilman Drabkin 4-0aye, motion carried
Resolution # 60-2012:
A Motion was made by Councilman Cilenti to re-appoint Cliff Mallory to serve as Vice- Chair to the Zoning Board of Appeals.
Seconded by: Councilman Drabkin 4-0aye, motion carried
YOUTH COMMISSION:
Resolution #61-2012:
A Motion was made by Councilman Cilenti to appoint Manuela Michailescu to the Youth Commission with a term to expire 12/31/2014.
Seconded by: Councilman Spano 4-0aye, motion carried
Resolution # 62-2012:
A Motion was made by Councilman Cilenti to re-appoint Jessica Knapp to serve as Chairwoman to the Youth Commission.
Seconded by: Councilman Drabkin 4-0aye, motion carried
Resolution #63-2012:
A Motion was made by Councilman Cilenti to re-appoint Pamela Stocking to serve as Vice- Chair to the Youth Commission.
Seconded by: Councilman Drabkin 4-0aye, motion carried
AMENDMENT TO CHAPTER 107 TOWN CODE:
After a lengthy discussion the board agreed to have the owner of the racetrack submit a list of legitimate reasons for the validity of extended hours.
PLANNING/ ZONING RATE CHANGES:
Resolution # 64-2012:
A Motion was made by Supervisor Chipman that The Town Board adopts the schedule of fees for applications to the Planning Board and Zoning Board of Appeals, as~presented to the Board Feb. 23, 2012~and as filed with the Town Clerk, for all~new applications submitted on or after March 12, 2012 and authorizes the Planning and Zoning office secretary to collect such application fees on behalf of the Town.
Seconded by: Councilman Cilenti 4-0aye, motion carried
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Resolution # 65-2012:
A Motion was made by Councilman Drabkin that The Town Board, pursuant to Town Code § 125-19, § 140-50, and § 140-63, hereby authorizes the Planning Board and Zoning Board of Appeals to recover any and all costs incurred by the Town specific to the referral of individual applications for professional and/or governmental agency review,~including but not limited to~postage and reproduction~costs, and for the Board to require full repayment as a condition of Final Approval~being granted.~ This recovery of costs shall~further be authorized in the event a referred~application has been withdrawn by the applicant or denied by the Board.
Seconded by: Councilman Cilenti 4-0aye, motion carried
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Resolution # 66-2012:
A Motion was made by Supervisor Chipman to amend resolution #64-2012 that all new applications received after March 14, 2012 are subject to new planning and zoning fees.
Seconded by: Councilman Cilenti
PUBLIC COMMENT PERIOD:
No comments made.
EXECUTIVE SESSION:
A Motion was made by Councilman Cilenti to enter into executive session at 7:50pm to discuss a personnel matter.
Seconded by: Councilman Spano 4-0aye, motion carried
A Motion was made by Councilman Cilenti to reconvene the meeting at 8:00pm stating no monies expended nor action taken.
Seconded by: Councilman Drabkin 4-0aye, motion carried
ACTING ASSESSOR HIREE:
Resolution # 67-2012:
A Motion was made by Councilman Drabkin to approve the hiring of Mike Dunham as acting assessor at $ 20.00 per hour for 20 hrs a week.
Seconded by: Councilman Cilenti 4-0aye, motion carried
ADJOURNMENT:
A Motion was made by Councilman Cilenti to adjourn the meeting at 8:03 pm.
Seconded by: Councilman Spano Unanimously approved
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Audit/Workshop Meeting was held on March 29, 2012 at 7:00pm at the Town Hall.
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti Councilman Drabkin Councilman Spano Town Clerk Gundberg
PLEDGE:
Supervisor opened the meeting and Terence Ward led the Pledge of Allegiance to the Flag.
TELECOMMUNICATION:
Supervisor Chipman asked Planning Board Chairman Mike Baden to address the board on telecommunication law, the FCC regulations, and the 1997 case of Alexandra Cellular Corp against the Town of Rochester. In 1997 an application of a cell tower structure on City Hall Rd was filed, the town placed a moratorium on cell towers until additional information could be collected to protect town residents health and safety. The end result was that the FCC regulations supercede any local laws in reference to cell towers and local government cannot deny applications. The Town board discussed discrepancies in information in reference to the cell tower on City Hall Rd. Supervisor Chipman stated he visited the site and very little activity has taken place, the soil wasn’t disturbed despite rumors of large vehicles traveling in and out of that property location. Councilwoman Archer stated, “we need to communicate with our residence by responding to the on going questions and concerns. It is the Town Board’s responsibility to ensure our residents that we’ve exhausted every avenue possible.” It was suggested to have a legal review performed to present to concerned residents.
CONSTABULARY DISCUSSION:
Councilman Cilenti gave an overview of a constabulary establishment operating in Sullivan County. He along with Councilman Spano toured the facility and reported back to the Town Board. There are several grants available with the operations & equipment. There was a lengthy discussion on whether the Town of Rochester would benefit from such service. Councilwoman Archer suggested that data be collected with classification of crimes in our area. “It would be nice to see what we are looking at to take the right course of action.” Councilwoman Archer and Supervisor Chipman both agreed that this could be a costly liability to the town.
All board members agreed to have Attorney Christiana explore the best course of action to take in handling the position of the Court Officer.
APPROVAL OF BILLS:
A Motion was made by Councilman Drabkin to approve the following bills as audited this date
General Fund 2012 Abstract 03 $ 42, 225.12
Highway Fund 2012 Abstract 03 $ 170,253.59
Street Lighting $ 413.96
______________——-___
$ 212, 892.67
Seconded by: Councilwoman Archer motion carried
BUILDING REPAIR BID:
Supervisor Chipman stated Medenbach and Eggers recommended to award lowest bidder IDEMA to be approved for the repairs to the Highway columns. Supervisor Chipman asked the board to be prepared to take action next week and decide whether to use unexpended fund monies or take out a BOND.
HIGHWAY EQUIPMENT BID:
Highway Superintendent Wayne Kelder stated he was unable to go over the results of the highway equipment bids with a fine tooth comb and asked that the board hold till the April Town Board meeting to take action on awarding bids. Kelder stated that he and his secretary have been working with FEMA all week.
HYDRAULIC FRACTURING BRINE RESOLUTION:
Supervisor Chipman asked the board to be prepared to discuss and possibly vote on a resolution at the Town Board meeting in April. Chipman stated, “We need to discuss the potential changes this would bring to our community and the effects it may way in on for example our water supply. The resolution would ban the use of brine on town roads.”
EXECUTIVE SESSION:
A Motion was made by Councilman Spano to enter into executive session at 8:10pm to discuss matters with Planning Chairman Mike Baden and Town Attorney Christiana.
Seconded by: Supervisor Chipman 5-0aye, motion carried
A Motion was made by Councilman Cilenti to reconvene the meeting at 8:28pm stating no monies expended nor action taken.
Seconded by: Councilman Drabkin 5-0aye, motion carried
ADJOURNMENT:
A Motion was made by Councilman Drabkin to adjourn the meeting at 8:28 pm.
Seconded by: Councilman Spano motion carried
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk