2013 April Town Board Minutes

 

The April Town Board Meeting was held on April 4, 2013 at 7pm at the Town of Rochester Town Hall.
PRESENT:
Supervisor Chipman              Councilwoman Archer             Councilman Cilenti      
Councilman Drabkin              Town Clerk Gundberg                       Attorney Christiana
ABSENT:
Councilman Spano
PLEDGE:
Supervisor Chipman opened the meeting and Councilman Drabkin led in the Pledge of Allegiance to the Flag.
PUBLIC COMMENT:
One resident asked that the Town Board silence their cell phones during the meeting. It is difficult for the audience to hear what is said when phones are ringing.
Another resident stated it would be nice to have a 310th Anniversary of the Town of Rochester possibly coincide with the Memorial Day Parade.
APPROVAL OF MINUTES:
A Motion was made by Councilman Cilenti to approve the minutes of the 03/14/2013 Town Board Meeting, 03/28/2013 Public Hearing and 03/28/2013 Audit Workshop Meeting.
Seconded by: Councilman Drabkin                         4-0 aye, motion carried
                                                                Spano- Absent
SUPERVISORS REPORT: Filed with the Town Clerk
SUPERVISOR’S UPDATE /CORRESPONDENCE RECEIVED:
Supervisor Chipman stated he is going to propose a resolution later in the evening supporting Ulster County to develop the Catskill Mountain Rail Trail, linking the walkway over the Hudson to the Ashokan Reservoir and expanding the region’s interconnected rail trail network into a world-class tourism destination.
The Rochester Senior group sent a thank you to the Town Board for their support & contribution.
LEGAL UPDATES: nothing to report
LIASION REPORTS:
Councilwoman Archer: 3 or 4 Hamlet signs didn’t survive the weather. Some split down the middle others were so weathered that they are destroyed. The HPC is going to go back to the company that made the signs to see what can be done.  The HPC is working on a proposal for recommendations for code changes & what can be done for cleanup of historical places.
Councilman Cilenti: Assessor’s Office: there is a push for yearly renewal of basic star exemptions so look for that in the future.
Councilman Drabkin: gave his monthly volume and costs transfer station analysis. A packet of fee schedules of surrounding towns were distributed and Councilman Drabkin asked the board to review. Also Councilman Drabkin asked that the board pass a resolution changing the price on tires with rims. Highway report: one of the generators purchased is up and running. Just waiting on an electrician to supply the electric. The D&H canal society asked if possible for help cleaning up lock 21 in Alligerville.
Councilman Spano: Absent
Supervisor Chipman: Easter Egg Hunt 3/30/2013 had approximately 200 kids. The cleanup for Earthday is April 20th & April 27th anyone interested please coordinate with Carol.
NEW/OLD BUSINESS:
INCREASE TIRE FEES:
Resolution # 65-2013:
A Motion was made by Councilman Drabkin to increase the tire with rims fee to $ 5.25 per tire.
Seconded by: Supervisor Chipman                                 4-0 aye, motion carried
                                                                        Spano- Absent
AUTHORIZATION FOR CLEANUP OF LOCK 21:
Resolution # 66-2013:
A Motion was made by Supervisor Chipman authorizing Highway department to cleanup lock 21 in Alligerville as requested by the D & H canal society.
Seconded by: Councilman Cilenti                                 4-0 aye, motion carried
                                                                        Spano- Absent
LOCAL GOVERNMENT EFFICIENCY GRANT TITLED RONDOUT VALLEY MUNICIPAL & COMMUNITY CENTER
RESOLUTION # 67-2013:
WHEREAS the Towns of Rosendale, Marbletown, and Rochester have been presented with an opportunity to lease and ultimately purchase the Rosendale School site owned by the Rondout
Valley Central School District; and
WHEREAS, the Rosendale Elementary School has been identified as a potential shared municipal building and community center; and
WHEREAS, the Towns of Rosendale, Marbletown, Rochester and the Rondout Valley Central School District have agreed to work together to investigate drafting a lease with an option to buy the Rosendale Elementary School; and
WHEREAS, the Rosendale Elementary School would be used as a shared municipal building and community center; and
WHEREAS, the State of New York is offering a Shared Services Grant; and
WHEREAS, the sharing of the Rosendale Elementary School building would qualify the three(3) towns to be eligible for a Shared Services Grant; and
WHEREAS, the three ( 3) towns need operating costs to run the Rosendale Elementary School as a shared municipal space; and
WHEREAS, upgrades and transition money would total $ 436,975 and the grant application is for $393,278 with a 10% local share of $ 43,697; and
WHEREAS, the Town of Rochester would be required to contribute a portion of the 10% limited to the proportion of any grant moneys utilized by the Town of Rochester; and
WHEREAS, the town budgets have not included operating costs for the Rosendale Elementary School as a municipal building.
NOW, THEREFORE, BE IT RESOLVED, that the Town of Rosendale will act as lead applicant for the 2012-2013 Local Government Efficiency Grant
BE IT FURTHER RESOLVED, that the Town Board of the Town of Rochester authorizes the Supervisor of the Town of Rosendale to apply for said grant and execute all financial and administrative processes relating to the implementation of the program.
A Motion made at a regular meeting of the Town Board of the Town of Rochester, April 4, 2013 by Councilman Drabkin and Seconded by Supervisor Chipman.
ROLL CALL VOTE:
Councilwoman Archer     aye
Councilman Cilenti              aye
Councilman Drabkin              aye
Supervisor Chipman              aye
                                                                        4-0 aye, motion carried
                                                                        Spano- absent
DEMOLITION / CLEANUP BIDS: RAINBOW DINER & GILES EDWARDS:
Supervisor Chipman discussed with the board bid results for both the Rainbow Diner and Giles Edwards. After a discussion with Jason Pensabene from the NYS Department of Labor in charge of Asbestos control specific requirements must be requested from contractors on the specifications and put back out for bid.
Councilwoman Archer stated concerns for the cost of cleanup being more then the value of the property. We need to hold the property owners responsible and push every avenue possible before we have to incur this debt.
Attorney Christiana stated that before expending this money we can look into a court order judgment for the full amount. Or we can look into legal action to compel them to cleanup.
Councilman Cilenti speaking on behalf of Councilman Spano asked why this is listed as a public nuisance and not a safety hazard.
Councilman Drabkin stated rather than placing out to bid again, let’s take the advice of the council.
Resolution # 68-2013:
A Motion was made by Councilman Cilenti to authorize Attorney Christiana to look into taking action against both the owners of the Rainbow Diner and Giles Edward Estate.
Seconded by: Councilman Drabkin                                 4-0 aye, motion carried
                                                                        Spano- absent
CATSKILL MOUTAIN RAIL TRAIL:
Supervisor Chipman asked the board for support on a resolution supporting Ulster County proposal to develop the Catskill Mountain Rail Trail.
Councilman Cilenti asked if the resolution would diminish rail road ability.
Councilwoman Archer asked for clarification because the resolution looks like we are supporting the rail trail and not the viable rail for train rides. We need to have more of an understanding for potential opportunities on both sides.
Resolution # 69-2013:
A Motion was made by Councilman Cilenti to table the Catskill Mountain Rail Trail resolution and direct Supervisor Chipman to supply additional information and resources to determination whether the board would support such resolution.
Seconded by: Councilman Drabkin                                 4-0 aye, motion carried
                                                                        Spano- absent
PUBLIC COMMENT PERIOD:
One Resident expressed concerns about the Rainbow Diner debris. It was declared a safety hazard and it’s not acceptable that the owner is allowing Trailways buses to park on property stirring up the asbestos. It’s been 8 months since the fire and this needs immediate attention.
ADJOURNMENT:
A Motion was made by Councilman Drabkin to adjourn the meeting at 8:15pm.
Seconded by: Councilman Cilenti                                 4-0 aye, motion carried
                                                                        Spano- absent
Respectfully Submitted,
Kathleen A. Gundberg
Town Clerk
The Audit/Workshop Meeting was held on April 25, 2013 at 7:00pm at the Town Hall.
PRESENT:
Supervisor Chipman              Councilwoman Archer     Councilman Drabkin                  Councilman Spano             Town Clerk Gundberg              Attorney Christiana
ABSENT:
Councilman Cilenti                
INTERVIEWS:
The board held an interview for a position on the ECC.
APPOINTMENT TO THE ENVIRONMENTAL CONSERVATION COMMISSION:
Resolution # 70-2013:
A Motion was made by Councilman Drabkin to Appoint Ian Duncan to the ECC with a term to expire on 12/31/2015.
Seconded by: Supervisor Chipman                                 4-0aye, motion carried
                                                                        Cilenti Absent
DISCUSS BIDDING FOR FUEL:
The Board asked Attorney Christiana to look into if it was legal to wait on the Ulster County bid for fuel results, then place the town fuel bid out see if they can get a better rate.
ESTABLISH A WORKABLE PUNCH LIST:
There was a lengthy discussion on the organization of topics covered at both Audit Workshop and Town Board meetings. Supervisor Chipman suggested using a whiteboard for topic lists.
Councilwoman Archer states we need to follow up on issues we’ve tagged along the way.
Councilman Drabkin suggested using a excel spreadsheet you can put subject date and when it was completed.
Supervisor Chipman asked if the board agreed with a rolling list?
Councilwoman Archer stated that she finds helpful going back through minutes we should create a timeline. For instance 2010 minutes we have a lot of discussion of the time warner cable contract. We are working with a 10yr old contract rate this is not acceptable.  We need to play hardball. This topic should be placed on next month’s agenda until it’s resolved. 2010 was 1st notification of the demolition of Giles Edwards.
DILAPIDATED AND UNSIGHTLY FORECLOSED PROPERTIES LAW:
Supervisor Chipman asked if Attorney Christiana spoke with Jerry Davis. Attorney Christiana stated she hasn’t and every Town is different; have different standards etc. when it comes to adopting this law. If adopted the Town Board can bring violations against those responsible; for example 30 day written notice or a fine until the property is cleanup up. The Town should not be held responsible for property maintenance.
Councilman Spano feels the board needs to think this over. Why are standards set different for banks compared to homeowners? We are trying to clean up two properties and we see the difficulties that follow.
Supervisor Chipman asked Attorney Christiana what if the house goes up for foreclosure then what? What happens when it is a substantial amount of money? Attorney Christiana stated she would look into this and get back to the board.
APPROVAL OF BILLS:
A Motion was made by Councilman Spano to approve the following bills as audited this date
                        
                                        
General Fund Abstract 4 of 2013         $             50,217.98
                        Highway Fund Abstract 4 of 2013         $             42,648.08
Street Lighting                                 $                  430.06
                                                                        ______________
                                                                        
$             93,296.06
Seconded by: Councilman Drabkin                                         motion carried
EXECUTIVE SESSION:
A Motion was made by Councilman Spano to enter into executive session at 7:45pm to discuss a litigation and the Recreation Department.
Seconded by: Supervisor Chipman                                 4-0aye, motion carried
                                                                        Cilenti-Absent
A Motion was made by Supervisor Chipman to reconvene the meeting at 8:15pm stating no action taken nor monies expended.
Seconded by: Councilman Spano                                   4-0aye, motion carried
                                                                        Cilenti- Absent
ADJOURNMENT:
A Motion was made by Supervisor Chipman to adjourn the meeting at 8:16pm
Seconded by: Councilman Spano                                   4-0aye, motion carried
                                                                        Archer- absent
Respectfully submitted,
Christiana M. Ferrara
Deputy Town Clerk