2012 November Town Board Minutes

 

The Town Board Meeting was held on November 1, 2012 at 7:00 pm at the Town Hall.
PRESENT:        
Supervisor Chipman              Councilwoman Archer     Councilman Cilenti Councilman Spano             Town Clerk Gundberg               Attorney Christiana
ABSENT:
Councilman Drabkin      
PUBLIC COMMENT PERIOD:
One Town resident asked for some clarity with who is responsible for clearing the trees on wires during the storm, who’s responsible for posting road closures and signs for detours during the storm. It was recommended that a planned detour route be established for instances like these.
APPROVAL OF MINUTES:
A Motion was made by Councilman Cilenti to approve the minutes of the 10/04/2012 Regular Town Board Meeting, 10/04/2012 Public Hearing, 10/25/2012 Audit workshop meeting.
Seconded by: Councilman Spano                           Unanimously approved
SUPERVISOR’S REPORT:  Filed with the Town Clerk
SUPERVISOR UPDATE:
Supervisor Chipman thanked Councilman Cilenti, Richard Miller, Gerry Fornino the emergency management coordinator, Peter Nelson from the Fire Company. Councilman Spano was instrumental in the planning.
Supervisor Chipman stated that we really benefited from the preparedness of sandy. We held an emergency management meeting 10/26/2012, we distributed 150 flyers around to local businesses, flood prone locations & posted information on the Town website and on Supervisor Chipman’s facebook page. The command center opened at 8am 10/29/12 and there was great communication between the firehouse and the rescue squad. Unfortunately there was one fatality in the Town.
LEGAL MATTERS:
Body of Truth appeal vs. Feldman won by a unanimous decision.
LIAISON REPORTS:
Councilwoman Archer: HPC: met on 10/15 with the topic of conversation on budget clarity. There was a discussion on what 4 homes to be used on the historic registry.
Councilman Cilenti: Cindy the Town assessor is back and doing great! Welcome back Cindy!!!
Councilman Spano:  Recommends contacting the CEO before restoring your electric. The Fire department answered over 200 calls. Thanked Supervisor Chipman for a tremendous job! He showed excellent leadership. Thanked the Kerhonkson/Accord rescue squad & the Accord Fire Company for their efforts and great job! Thanked Bill Ferguson and Bob Peterson for the hand radios. Thanked Wayne Kelder and his crew for an excellent job. Councilman Spano also asked that residents be patient there is a temporary shortage of gas due to the closing of the Hudson River while the channel can be cleared for ships to travel but gas is on its way.
Supervisor Chipman: ECC: Farm family event in the Town park had a great turn out. It was well attended and coincided well with heritage day. Dog Control: An annual state inspection was complete and Jill did exceptionally well. She does a fantastic job and has an amazing gift and so much love for the shelter dogs and placing them in great homes!
NEW BUSINESS:
The Board agreed to hold a post meeting to discuss the aftermath of the storm. Find out what worked what didn’t work, avenues to communicate to the public that don’t have the technology and how to communicate with Central Hudson to correctly set priorities. This post meeting is to give the Town an opportunity to improve the pre-planning of disasters, storms & emergency management.
Dry Ice and bottled water is available at the Accord Firehouse.
ACCORD SPEEDWAY PERMIT RENEWAL:
Attorney Christiana recommended tabling the permit renewal until January
ADVERTISE FOR PUBLIC HEARING:
Resolution # 119 -2012:
A Motion was made by Councilman Cilenti to schedule a public hearing on proposed local law amending chapter 132 of the code of the Town of Rochester to prohibit parking on Town roads on 11/29/2012 at 7pm followed by a public hearing on proposed local law waiving the residency requirements for constables in the Town of Rochester and further authorizing the Town Clerk to advertise the same.
Seconded by: Councilman Spano                                 4-0aye, motion carried
                                                               Drabkin-absent
PUBLIC COMMENT PERIOD:
Wayne Kelder Highway Superintendent thanked all involved for their efforts thru this storm. The Town of Rochester had 27 roads closures and are down to 14 at this time. He explained the reasons why the hwy department can’t remove trees off the roads that are touching wires.
ADJOURNMENT:
A Motion was made by Supervisor Chipman to adjourn the meeting at 8:10pm in memory of Doreen Richardson a Town Resident who lost her life during Hurricane Sandy.
Seconded by: Councilman Cilenti                                   Unanimously approved
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
GOODBYE HURRICANE SANDY!!!
A Public Hearing was held on November 15, 2012 at 7:00pm at the Town Hall
Re: Proposed Budget 2013.
PRESENT:
Supervisor Chipman                      Councilman Cilenti      Councilwoman Archer Councilman Drabkin                  Town Clerk Gundberg               
ABSENT:
Councilman Spano
PLEDGE:
Supervisor opened the meeting and Councilwoman Archer led the Pledge of Allegiance to the Flag.
Supervisor Chipman reviewed the proposed 2013 budget. He explained increases in NYS retirement, safety net, health insurance causing for an increase and revenue streams are just not coming in like they used to.
There was a discussion on having a study on competitive pay practices.
The tax levy for the Town will have an increase of 1.79%.
ADOPTION OF TOWN OF ROCHESTER 2013 BUDGET:
Resolution # 120 -2012:
A Motion was made by Councilman Drabkin to adopt the 2013 Town Budget.
Seconded by: Councilwoman Archer                                    4-0aye,motion carried
                                                                   Spano absent 
PUBLIC HEARING CLOSED:
A Motion was made by Councilman Drabkin to close the hearing at 7:30pm.
Seconded by: Councilwoman Archer                        4-0aye,  motion carried
                                                                
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
A Public Hearing was held on November 30, 2012 at 7:00pm at the Town Hall
Re: Local Law waiving the residency requirements for Constables in the Town of Rochester.
PRESENT:
Supervisor Chipman              Councilwoman Archer             Councilman Cilenti
Councilman Drabkin              Councilman Spano                        Town Clerk Gundberg
Attorney Christiana
PLEDGE:
Supervisor opened the meeting and Councilman Spano led the Pledge Allegiance to the Flag.
PURPOSED LOCAL LAW READS AS FOLLOWS:
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.
PUBLIC COMMENT:
One resident asked for clarification on the study of funds through grant money. He also asked if it is required to have a Local Law and if amendments can be made to it in the future.
Another resident stated that in 2004 constables were diminished. She further stated that this is a huge liability to the Town and questioned the authority of Constables.
CLOSE PUBLIC HEARING:
A Motion was made by Councilman Cilenti to close the public hearing at 7:10pm.
Seconded by: Councilman Drabkin                         5-0aye, motion carried
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
A Public Hearing Re: Amending Chapter 132-2 of the Town of Rochester Code was held on November 29, 2012 at 7:10pm at the Town Hall immediately following Public Hearing re: Constables Residency Requirement
PRESENT:
Supervisor Chipman              Councilwoman Archer             Councilman Cilenti
Councilman Drabkin              Councilman Spano                        Town Clerk Gundberg
Attorney Christiana
Section 1 – Section 132-1 of the Code of the Town of Rochester is amended to read as follows:
  • There shall be no parking, stopping or standing on any Town Road within the Town of Rochester from Midnight through 6:00am.
  • Except when necessary to avoid conflicts with other traffic or in compliance with direction of a police officer or traffic control devices,if,any there shall be no parking, stopping or standing in the following locations with the Town of Rochester, and such other locations as may be determined by resolution of the Town Board of the Town of Rochester, at any time unless specifically noted otherwise:

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Section 2-Section 132-4 (C) of the Code of the Town of Rochester Shall be amended to read as follows:
  • Payment of Charges. ~Prior to the removal from such storage, the owner or operator of such vehicle shall pay to the tow truck owner or operator the amount of all reasonable charges and expenses actually and necessarily incurred in such removal from such road, street or highway. ~However, if such vehicle is not claimed within 90 days of removal from such road, street or highway, then the tow truck owner or operator may present to the Town Clerk, a statement of charges actually and necessarily incurred in such removal from such road, street or highway, not to exceed a sum to be determined, from time to time, by resolution of the Town Board. ~Any other charges incurred as a result of the above action will be levied against the owner or operator of such vehicle by the tow truck owner or operator, and the town shall not be responsible therefore.

Section 3. – This Local Law shall take effect immediately upon filing in the Office of the Secretary of State in compliance with all applicable provisions of law.
PUBLIC COMMENT:
One resident stated that the solution of parking from midnight to 6am was a good compromise. He further stated that Section 1. A; stopping and/or standing should be removed for the law.
One resident asked for clarity on the resolution of adding Town Roads to the list currently in the Code prohibiting parking on roads.
Highway Superintendent Wayne Kelder reiterated the no stopping or standing on roads should be removed from Section 1. He further stated that there is some inaccuracy with the current list of roads prohibited parking;
Upper Cherrytown road should be listed as Cherrytown Rd.
Hole 32 Rd is Project 32 Rd.
Granit Rd. is County Rte 27
Property listed as Granit Hotel should be changed to Hudson Valley Resort
PUBLIC HEARING CLOSED:
A Motion was made by Councilman Cilenti to close the public hearing at 7:15pm.
Seconded by: Councilman Drabkin                         5-0aye, motion carried
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Audit/Workshop Meeting was held on November 29, 2012 at 7:15pm at the Town Hall.
PRESENT:
Supervisor Chipman              Councilwoman Archer     Councilman Cilenti      
Councilman Drabkin                  Councilman Spano            Town Clerk Gundberg
Attorney Christiana
APPROVAL OF BILLS:
A Motion was made by Councilman Drabkin to approve the following bills as audited this date
                        General Fund 2012 Abstract 11           $                  58,828.58
                        Highway Fund 2012 Abstract 11           $                120,237.54
Street Lighting                                 $                       416.99
                                                                        ______________——-___
                                                                        
$            179, 483.11  
Seconded by: Councilman Spano                                                      motion carried                                       motion carried
LOCAL LAW DISCUSSIONS:
Residency requirements for Constables:
No comments made.
Amending Chapter 132 no parking:
The Board discussed recommendations they received from the residents at the public hearing. It was agreed to remove Main St. and Granit Road from the list, and to remove stop and /or stand from Section 1. A.
CONSTRUCTION TO THE PALENTOWN SCHOOL OUT BUILDINGS:
Resolution # 121-2012:
A Motion was made by Councilwoman Archer to hire Alan Feinberg Construction for repairs to the Palentown School out buildings in the amount of $ 1450.00.
Seconded by: Councilman Drabkin                         5-0aye, motion carried
DISCUSSION:
There was a lengthy discussion with the Town Board in reference to the Kingston Daily Freeman Article headlined; Rochester Supervisor Carl Chipman open to town hosting Ulster County landfill.
Councilwoman Archer stated that she was shocked in hearing the news and was flooded with phone calls on information that she new nothing about. She further stated a county landfill in the Town of Rochester would be the last thing that she would vote for and we take pride in the beauty of our community.
The board all agreed that an open line of communication is a must between The Board members. Comments made do reflect the Town.
Supervisor Chipman stated his comments made were misrepresented in regards to “believing we need a county landfill, I’m even willing to talk about it in the Town of Rochester. Somebody’s got to take responsibility, and it’s time that we do.” “My intentions were to open the idea at an economic standpoint to save money at a County level we can’t afford to send our garbage to Seneca Falls other alternatives need to be looked at not that I want a dump in Rochester.”
                                                        5-0aye, motion carri
ADJOURNMENT:                                            
A Motion was made by Councilman Drabkin to adjourn the meeting at 7:55 pm.
Seconded by: Councilwoman Archer                                motion carried
                                                                                
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk