The Town Board Meeting was held on September 6, 2012 at 7:00 pm at the Town Hall.
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti Councilman Drabkin Councilman Spano Town Clerk Gundberg
Attorney Christiana
PUBLIC COMMENT PERIOD:
Judith Karpova spoke on behalf of the Rochester Defense Against Fracking thanking the Town Board for taking a clear stand to protect our Town from the dangers posed by fracking. RDAF also urges the Town Board to adopt the Community Bill of Rights ordinance. By adopting a CBRO you will be expressing our Town’s clear intention that no gas/ oil company may come here to exploit our Town and essentially be a back-up law in the unlikely event that the land-use BAN is challenged.
Mike Baden urged the Town Board to advertise for Board and Commissions prior to expiration of their term.
APPROVAL OF MINUTES:
A Motion was made by Councilman Drabkin to approve the minutes of the 07/05/2012 Regular Town Board Meeting, 07/05/2012 Public Hearing, the 07/26/2012 Public Hearing and the 07/26/2012 Audit Workshop Meeting, 08/02/2012 Regular Meeting, 08/02/2012 Public Hearing, 08/02/2012 Public Hearing, 08/09/2012 Special Meeting, 08/30/2012 Public Hearing, 08/30/2012 Audit Workshop Meeting.
Seconded by: Councilman Cilenti Unanimously approved
SUPERVISOR’S REPORT: Filed with the Town Clerk
CORRESPONDENCE RECEIVED:
Supervisor Chipman stated the equalization rate for the Town of Rochester remains at 100%.
Supervisor Chipman gave an update on safety net. He stated that, “ He has followed the safety net closely and hopes for some answers by his association of Supervisors meeting. New York State Constitution in 1938 mandated that towns and cities throughout New York share with the state the task of supporting the poorest people within their communities. Followed by the State Legislature adopting Section 72 of the Social Services Law in 1946, allowing counties to assume that financial responsibility from their towns and cities. Counties statewide took on the local cost of providing for the poor except for Ulster County.
This has made budgeting very difficult since taking office the division of social services budget has increased from $35,000.00 to $ 150,000.00.”
LEGAL MATTERS:
Attorney Christiana stated the Body of Truth case begins next week.
LIAISON REPORTS:
Councilwoman Archer: PB: 08/8/12 meeting; phase plan submitted for Body of Truth and special use permit was granted. HPC: no meeting held.
Councilman Cilenti: nothing to report.
Councilman Drabkin: ZBA: no meeting held. TS: gave an analysis for the month of august.
Councilman Spano: Fire Company: fire commissioner budget meeting scheduled for next week.
Supervisor Chipman: ECC: creek week 9/15/12 from 1-3pm at Rondout Valley Campground. Fun family day with a critter hunt & guest speakers YC: Very Successful summer program!!! After School program to start Monday 9/10/12.
APPOINTMENTS:
Historic Preservation Commission:
Resolution # 109 -2012:
A Motion was made by Councilwoman Archer to appoint Howard Kagan to the Historic Preservation Commission with a term to expire 12/31/2014.
Seconded by: Councilman Cilenti 5-0aye, motion carried
NEW BUSINESS:
Crushed Stone Bid:
Resolution # 110 -2012:
A Motion was made by Councilman Spano to seek sealed bids for the crushing of Town owned stone. The bids are due on or before 10/01/2012 at 10am at the office of the Town Clerk and further authorizing the Town Clerk to advertise the same.
DISCUSSION:
Highway Superintendent Kelder explained that every 4 years the crushed stone is placed out to bid. In 2010 stone was crushed but the supply is running low due to the damages of Hurricane Irene and Mr. Kelder stated FEMA has reimbursed the Town of Rochester for stone used. He stated the money would be used from the unallocated fund balance. Councilwoman Archer argued that the stone crushing should be placed in the budget from year to year to show a clear reflection.
Seconded by: Councilman Cilenti 5-0aye, motion carried
CULVERT PURCHASE/ WORK:
Resolution #111-2012:
Highway Superintendent Kelder stated the culvert pipe on Cherrytown & Schwabie turnpike has deteriorated beyond repair and is in need to be replaced.
A Motion was made by Councilman Drabkin authorizing Highway Superintendent Kelder use money from the unallocated fund balance not to exceed $ 80,000.00 for the purpose of purchasing & replacing culvert piping at the Cherrytown Rd. & Schwabie Turnpike intersection.
Seconded by: Councilman Cilenti 5-0aye, motion carried
AMENDING CHAPTER 132-2 NO PARKING ZONE:
The Town Board reviewed & discussed the purposed law presented by Attorney Christiana.
SCHEDULED PUBLIC HEARING:
Resolution # 112-2012:
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 10/04/2012 at 7pm at the Town of Rochester Town Hall with the Town Board meeting immediately following and further authorizing the Town Clerk to advertise the same.
Seconded by: Councilman Spano 5-0aye, motion carried
CONSTABULARY:
Resolution # 113-2012:
A Motion was made by Councilman Cilenti to appoint Richard Miller Constable for the purpose of developing job descriptions, duties & responsibilities and the development of grants to fund the necessary equipment and or FTE’s for the development of the constabulary to become effective the day Mr. Miller produces his certification that he is qualified to be an appointed constable at no cost to the Town.
Seconded by: Councilman Spano
DISCUSSION:
Councilwoman Archer: “no one has been able to tell me why we need a constabulary and why someone would do this at no cost? What happens when we get grants to set up a constabulary and run out of grant money? My concerns come down to dollar and cents. I’m afraid that it will be placed back on the Town to assume the costs when grant money is no longer available. And what is the liability to the Town for individuals who are not troopers or sheriffs who operate with the mentality to have that authority?”
Councilman Cilenti: “ I think a constabulary is necessary in times of emergencies. ( ie: during hurricane Irene, and accidents on Rte. 209 that cause detours.) Our constables can enforce laws within the Town that the Sheriff and Troopers do not follow thru on.”
Richard Miller: “The idea of bringing a constabulary to the Town would be to support a community by helping solve issues before they become real issues. The liability of the constabulary fall on the State and Federal government not the Town as long as the training is covered properly. In June 2011 the minimum training requirements for a peace officer is 150 hrs to learn basic laws, 85 hrs for local agency training and another 6 months of learning the area before they can qualify. Prior to training all applicants go before the Town Board where they can be interviewed and the Town Board decides who is appointed a peace officer. As far as grant money goes there is a sufficient amount of money available. At the annual organizational meeting the Town Board has the authority to re-appoint constables and continue with a constabulary or dissolve it.
5-0aye, motion carried
RONDOUT CREEK FLOODING PURPOSAL:
Barry Medenbach gave a presentation on the Rondout Creek flooding. He proposed a phase I and a phase II plan on field measure and dredging plan. It was agreed upon to get the state involved and hold agencies accountable. It is time to start contacting State Senators and Assemblyman to pressure the State to do field studies and survey the area.
RAINBOW DINER CLEANUP UPDATE:
Supervisor Chipman stated he received several phone calls about the refuge at Rainbow Diner and wanted to update the board on the occurrences that have taken place. NYSDOL shutdown all cleanup when asbestos was revealed. The operator was fined
$ 10,000 and the rubbish must be removed by a licensed asbestos cleaner contractor. The lowest quote received was $137,000.00 so Supervisor Chipman stated it may be awhile before cleanup can be completed.
PUBLIC COMMENT PERIOD:
Mike Baden suggested that Dennis Doyle the Ulster County Planner would be a great contact person for listing of contacts in reference to the Rondout Creek flooding.
ADJOURNMENT:
A Motion was made by Councilwoman Archer to adjourn the meeting at 9:15pm.
Seconded by: Councilman Cilenti Unanimously approved
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk