The August Town Board Meeting was held on August 1, 2013 at 7:00 pm at the Town of Rochester Town Hall.
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti
Councilman Drabkin Councilman Spano Deputy Clerk Ferrara
Attorney Christiana
PLEDGE:
Supervisor Chipman opened the meeting and Manuela Michailescu led in the Pledge of Allegiance to the Flag.
AWARD PRESENTATION TO GRAYSON CHRISTIAN:
The Town Board presented a certification of Appreciation to Grayson Christian for all his dedication and work effort with the Veteran’s park.
PRESENTATION OF NY RISING COMMUNITIES RECONSTRUCTION PROGRAM:
The NYS Community Reconstruction Zone (CRZ) Program was established to provide additional rebuilding and revitalization assistance to communities severely damaged by Hurricanes Sandy and Irene and Tropical Storm Lee. To facilitate community redevelopment planning and the resilience of communities, the State has established the Community Reconstruction Zone Program and has allocated up to $ 25 million in planning grants for the most affected communities. Later allocations of funds will be used to support the implementation of projects and activities identified in the CRZ Plans that the identified communities will produce.
PUBLIC COMMENT:
One resident asked if this is going to be a countywide committee for the CRZ program?
Another resident asked if this would go before the planning board once it’s developed?
Mike Baden speaking as Planning Board Chairman on the Telecommunication section of the Town Code. He explained that our code needs to clearly spell out the law. And it is really important to be reviewed and updated.
APPROVAL OF MINUTES:
A Motion was made by Councilman Drabkin to approve the minutes of the 07/11/2013 Town Board Meeting, 07/11/2013 PH: TWC 07/25/2013 Audit Workshop Meeting.
Seconded by: Councilwoman Archer 5-0 aye, motion carried
SUPERVISORS REPORT: Filed with the Town Clerk
SUPERVISOR’S UPDATE /CORRESPONDENCE RECEIVED:
LEGAL UPDATES: will discuss in executive session
The Board Congratulated Supervisor Chipman on becoming a Grandpa!!!
LIASION REPORTS:
Councilwoman Archer: nothing to report.
Councilman Cilenti: Constabulary: Richard Miller is working on Town government e-mails, which is nice so personal emails can’t be subpoenaed. All the paper work is ready for 2 grants COP community policing development for $675,000.00 and Cops Local Micro Grants law enforcement for $28,500.00
Councilman Drabkin: Transfer station: analysis of the month was received, he met with the new Transfer station employee Paul Rider, seems to have the job down and doing well.
Councilman Spano: nothing to report
NEW/OLD BUSINESS:
ADVERTISEMENT FOR SURPLUS BID:
Resolution # 101 -2013:
A Motion was made by Councilman Drabkin to seek sealed bids for surplus Highway & Building and Ground equipment. Bids are to be received on or before September 16, 2013 at 11am at the office of the Town Clerk. Items will be placed on craigslist and Town Clerk is authorized to advertise the same in the local paper.
Seconded by: Councilwoman Archer 5-0aye, motion carried
ADVERTISE FOR ZONING REVISION PUBLIC HEARING:
Resolution #102 -2013:
A Motion was made by Councilman Cilenti to schedule a public hearing for purposed local law # 2-2013 re: Amending Chapter 140(zoning) of the Town of Rochester Town Code for August 29, 2013 at 7pm at the Town of Rochester Town Hall and further authorizing the Town Clerk to advertise the same.
Seconded by: Councilwoman Archer 5-0aye, motion carried
Resolution #103 -2013:
A Motion was made by Councilman Drabkin to schedule a public hearing for the purposed local law # 3-2013 re: Amending Chapter 125 ( subdivision) of the Town of Rochester Town Code for August 29, 2013 immediately following the public hearing on Chapter 140( zoning) and further authorizing the Town Clerk to advertise the same.
Seconded by: Councilman Spano 5-0aye, motion carried
SCENIC OVERLOOK RESOLUTION:
Resolution # 104-2013:
A Motion was made by Councilman Spano and Seconded by Councilman Cilenti that;
WHEREAS, the New York State Department of Transportation proposes the reconstruction of three Scenic Overlooks located along State Route 44/55 and State Route 52 in the Towns of Gardiner, Rochester and Wawarsing; and
WHEREAS, the State will include as part of the reconstruction of the above mentioned project mountable islands, curbed sidewalks, benches, information kiosks, and planting beds at the Scenic Overlook, as shown on the contract plans relating to the Scenic Overlook as part of project; PIN 8812.15.
NOW THEREFORE BE IT RESOLVED, that the Town of Rochester approves installation of the proposed mountable islands, curbed sidewalks, benches, information kiosks, and planting beds at the 1 Scenic Overlook on State Route 44/55 in the Town of Rochester as shown on the contract plans relating to the project and, that the Town of Rochester will, in addition to NYS Highway Law, Article 7, Section 140, maintain or cause to be maintained the care of plant material, planting replacements, routine weeding, routine pruning and mulching of plant beds, routine litter removal, graffiti removal, patrolling, and general upkeep of the overlooks.
BE IT FURTHER RESOLVED that the clerk of this Board is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation.
5-0aye, motion carried
VERIZON INC. RESOLUTION:
Resolution # 105-2013:
A Motion was made by Councilwoman Archer and Seconded by Councilman Spano,
WHEREAS, Verizon Inc. provides landline phone service to many of the residents of the Town of Rochester and;
WHEREAS substantial amount of Town of Rochester residents are not provided telephone service via broad band cable provided by Time Warner Cable Inc. and;
As many of our Town of Rochester residents are located where cellular signal cannot be received and;
As many of our residents are located where satellite signal cannot be received and telephone communication is necessary for safety of Town of Rochester residents and;
WHEREAS adequate telephone service is necessary for economic activity for the Town of Rochester,
BE IT RESOLVED that, the Town of Rochester Town Board request that the New York State public service commission reject any request by Verizon Inc. to replace or remove any existing landline telephone service wires until alternatives are made readily available for all residents of the Town of Rochester.
BE IT REQUESTED that the following resolution be forwarded to Chairman of State of Public Service Commission.
DISCUSSION:
Councilman Cilenti asked what we were objecting to?
Supervisor Chipman stated that Verizon Inc. wants to remove landlines and replace them with wireless, which would be great if this was made readily available to all in the Town.
5-0aye, motion carried
MARRIAGE OFFICER APPOINTMENT:
Resolution # 106-2013:
A Motion was made by Councilman Cilenti to appoint Veronica Sommer Marriage Officer for one time event scheduled August 31, 2013 in the Town of Rochester.
Seconded by: Councilman Spano 5-0aye, motion carried
RRA CONTRACT:
Supervisor Chipman asked the board for a one year extension of the RRA Contract. He stated that no town is signing long term contracts.
Councilman Cilenti asked what the alternatives were.
Supervisor Chipman stated that there are no figures to give because we don’t know how flow control is going to work.
Councilman Cilenti stated he wanted to have all the options in front of him to compare.
REAPPOINTMENT ASSESSOR POSITION:
Resolution # 107-2013:
The Board briefly discussed the accomplishments of the Assessor’s Office for the past 6 years! Big kudos to the Board and especially to Cindy for all her hard work and dedication.
Councilwoman Archer stated that Cindy has done an amazing job and the board has a lot less sleepless nights!
A Motion was made by Councilman Cilenti to appoint Cynthia Stokes to the position of Assessor with a term to expire 09/30/2019.
Seconded by: Councilman Spano 5-0aye, motion carried
PUBLIC COMMENT PERIOD:
No comments made.
EXECUTIVE SESSION:
A Motion was made by Councilman Cilenti to enter into executive session at 8:55pm to discuss specific personnel issue .
Seconded by: Councilman Spano 5-0aye, motion carried
A Motion was made by Councilman Drabkin to reconvene the meeting at 9:41pm stating no action taken or monies expended.
Seconded by: Councilman Cilenti 5-0aye, motion carried
ADJOURNMENT:
A Motion was made by Councilman Drabkin to adjourn the meeting at 9:41 pm.
Seconded by: Councilman Cilenti 5-0 aye, motion carried
Respectfully Submitted,
Christina M. Ferrara
Deputy Town Clerk
A Public Hearing was held on August 29, 2013 at 7:00 pm at the Town Hall
Re: AMENDING CHAPTER 140 ( ZONING) OF THE TOWN OF ROCHESTER
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti
Town Clerk Gundberg Attorney Christiana
ABSENT:
Councilman Drabkin Councilman Spano
PLEDGE:
Supervisor Chipman opened the public hearing for proposed Local Law # 2-2013 Amending Chapter 140(Zoning) of the Town of Rochester and Troy Dunn led in the Pledge of Allegiance to the Flag.
Section 1. The Town Board of the Town of Rochester established a new zoning law (Chapter 140) in the Code of the Town of Rochester in 2009. Having worked with that law for four years, the Town Board has realized that certain provisions of the zoning law need to be amended, corrected, or clarified and that certain new sections need to be added to the zoning law.
Section 2. This law amending Chapter 140 of the Code of the Town of Rochester is in accordance with the Town of Rochester Comprehensive Plan.
OPEN TO THE PUBLIC:
Martha Tardibuono who serves on the zoning revision committee was surprised to see a public hearing scheduled for Chapter 125 & 140 seeing that the committee didn’t complete what was asked of them.
Councilman Cilenti clarified that the Town only put out for public hearing the information that the zoning revision committee agreed on.
Mike Baden submitted to the Board comments for recommendation/ corrections;
A number of graphics illustrations have been removed and re-formatted in incorrect locations. None should have relocated from where they presently are in the existing code. This occurred due to formatting and cut and paste errors. They no longer are located next to the definitions they illustrate in some cases or the sections of the code they pertain to. These corrections are very important and must be made.
He presented a list of specific definitions along with comments with suggested changes.
He also stated that it would be extremely helpful for the planning board to get a redlined copy of the law.
Troy Dunn asked that before action is taken on the law it would be nice to reconcile with the zoning revision committee
CONTINUATION OF PUBLIC HEARING:
Supervisor Chipman stated that the public hearing will remain open and scheduled at a later date.
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
A Public Hearing was held on August 29, 2013 at 7:15 pm at the Town Hall
Re: AMENDING CHAPTER 125 ( SUBDIVISION) OF THE TOWN OF ROCHESTER
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti
Town Clerk Gundberg Attorney Christiana
ABSENT:
Councilman Drabkin Councilman Spano
Supervisor Chipman opened the public hearing for proposed Local Law # 3-2013 Amending Chapter 125(subdivision) of the Town of Rochester.
SECTION 1. The Town Board of the Town of Rochester established new Subdivision Regulations (Chapter 125) in the Code of the Town of Rochester in 2009. Having worked with that law for four years, the Town Board has realized that certain provisions of the Subdivision regulations law need to be amended, corrected, or clarified and that certain new sections need to be added to the law.
SECTION 2. This law amending Chapter 125 of the Code of the Town of Rochester is in accordance with the Town of Rochester Comprehensive Plan.
OPEN TO THE PUBLIC:
Mike Baden presented to the Town Board recommendations / clarifications for glossary of terms in the subdivision section.
There was a discussion on section 125-22 Subdivision Design.
CONTINUATION OF PUBLIC HEARING:
Supervisor Chipman stated that the public hearing will remain open and scheduled at a later date.
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Audit/Workshop Meeting was held on August 29, 2013 at 7:20pm at the Town Hall.
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti Town Clerk Gundberg Attorney Christiana
ABSENT:
Councilman Drabkin Councilman Spano
INTERVIEWS FOR ENVIRONMENTAL CONSERVATION COMMISSION:
Angela and Stewart Doris attended a few ECC meetings and showed interest in joining the ECC.
PUBLIC HEARING COMMENTS:
It was agreed that some clerical errors need to be fixedon proposed local laws, and it was requested that a redline copy of the zoning and subdivision changes be sent to the planning board.
APPROVAL FOR AUDIT OF CASH ACCOUNTS:
Resolution #108 -2013:
A Motion was made by Councilman Cilenti to authorize Sickler, Torchia, Allen and Churchill, CPA’s PC to conduct an audit on all Town cash accounts for a total of $ 3,250.00.
Seconded by: Councilwoman Archer 3-0aye, motion carried
STAR PROGRAM:
It was discussed that NYS is changing the law on those who receive regular star for tax relief. The idea is that it will require taxpayers to apply each year to keep homeowners from receiving it on more than one residence that they own. But at this time the Assessor still hasn’t received the official announcement.
APPROVAL OF BILLS:
A Motion was made by Councilman Cilenti to approve the following bills as audited this date
General Fund Abstract 8 of 2013 $ 38,049.83
Highway Fund Abstract 5of 2013 $ 247,608.47
Street Lighting $ 408.60
______________
$ 286,066.90
Seconded by: Councilwoman Archer motion carried
CONSTABULARY CLARIFICATION:
Councilman Cilenti wanted to clarify that the town to date has received a revenue of
$ 15,000.00. He stated that there may have been a misunderstanding because he was approached by some residents that were under the impression that the constabulary cost the town money and he wanted to make clear that it hasn’t cost the town a dime.
Richard Miller head of the constabulary stated the grants are going well. He held a presentation for the youth commission and would love to see the youth involved in some of the process.
There was a discussion about putting the constabulary as a department on the Town website.
EXECUTIVE SESSION:
A Motion was made by Councilman Cilenti to enter into executive session at 7:45pm to discuss the Rainbow Diner litigation and Highway contract.
Seconded by: Councilwoman Archer 3-0aye, motion carried
Spano, Drabkin-absent
A Motion was made by Councilman Cilenti to reconvene the meeting at 9:10 pm stating no action taken or monies expended.
Seconded by: Councilwoman Archer 3-0aye, motion carried
Spano, Drabkin-absent
ADJOURNMENT:
A Motion was made by Councilwoman Archer to adjourn the meeting at 9:11pm
Seconded by: Councilman Cilenti 3-0aye, motion carried
Spano, Drabkin-Absent
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk