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A Public Hearing was held on July 11, 2013 at 7:00 pm at the Town Hall
Re: TIME WARNER CABLE SERVICE
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti
Councilman Drabkin Councilman Spano Town Clerk Gundberg
Attorney Christiana
PLEDGE:
Supervisor Chipman opened the meeting and Terrence Ward led in the Pledge of Allegiance to the Flag.
OPEN TO THE PUBLIC:
Brenda Parks a representative from Time Warner Cable attended the public hearing to answer questions of the town residents.
Steve Fornel of 4 Boodle Hole Rd. Accord stated the lack of internet and cable town-wide is mystifying. When going through the town maps why wouldn’t time warner go through the most densely populated areas. It was hard to understand that in the new contract time warner was bringing service to Mill Rock Rd off of Sundale Rd. with fewer households then Boodle Hole with multiple requests of 30+ homes in need of service.
Barbara Fornel of 4 Boodle Hole Rd. Accord stated that she doesn’t own a cell phone and having no internet where does the liability fall? During storms when phone lines are out there is no way of communicating, for safety reasons this should become a priority. Not having cable or internet the value of my home goes down but my assessment however does not.
Maggie Moran 218 Palentown Rd. Kerhonkson stated that she’s been trying to get service since 2005. In 2005 her quote ranged from $ 23-28,000.00. The residents got together and went to time warner and service was going to be provided. Half way through Palentown Rd time warner decided to split and go up Rocky Mountain Rd. This was extremely frustrating because the neighbors of Palentown Rd. worked hard to get the cable and now the cable no longer follows the rd. It seems like Time warner should follow along the existing utility poles.
Brenda Parks stated she would have to discuss that with the public service commission. It was also recommended rather than individual requesters as a group petition and/or request to have service. The quote would be much cheaper.
Councilwoman Archer stated that there has to be an easier way of doing this. It keeps happening all around. She lives on Boodle Hole Rd. as well and can see where the cable and internet ends and she finds it extremely frustrating that we are getting nowhere. Looking at it as a pure marketing perspective there is money to be made; people are so disgusted with the cable company. We need to have a point person. The dial up and satellite service is terrible in this area. It makes working from home near impossible. A few years back there was a petition of 50-60 homes located off Lang, Dug, Mettacahonts and Boodle Hole road that all requested service and nothing happened, just fell beneath the waistline.
Gail Youngen of 240 Schroon Hill Rd. Kerhonkson stated she stopped calling time warner cable. Frustration is not even the word to use! There is no cell service and satellite is a joke depending on the weather. She received a quote of $ 38,000 for a two mile stretch to get cable and there are approximately 10 houses in between all that want cable as well.
Maureen Kelly of 250 Schroon Hill Rd. Kerhonkson stated she has an internet gaming business and works from home. You can only imagine the frustrations of internet gaming with dialup and satellite. It requires her to follow the weather just to do her work from home. Less than a mile away there is cable hook-up so she doesn’t understand the thought process behind time warner cable, seems like a no brainer to hook-up cable to these 10 homes when on either side of this stretch there is cable hook-up.
Brenda Parks stated she would have to speak with the construction team for these issues.
One resident from 199 Dug Rd Accord stated he it is frustrating having a business from home with dial up and satellite.
Ed Potokar of 6 Boodle Hole Rd Accord stated he has tried for 12 years getting cable service and it’s a dead end street. He feels like there is no focus from time warner cable. The lack of response he has received is ridiculous. We need a better contact, a step by step process and a timeline to get this service.
Kathy Delamater of 8 Boodle Hole Rd Accord stated she has been contacting time warner cable since 1987. Her first invoice received was $ 27,000.00. She is at the point that for health reasons she stopped calling. She took part in the petitioning of 50-60 people and nothing happened.
Supervisor Chipman stated that 60% of the Town of Rochester is without cable and internet service. We have the least amount of coverage of all of Ulster County. When there was a big internet push with the USDA the town applied for a grant that time warner cable further challenged. Maps with service that time warner had were incorrect and in turn the town lost the ability to get the grant.
Councilman Cilenti thanked Brenda Parks for attending but further stated that we can’t emphasis enough a clear approach that needs to be made for these residents. Where do they go from here? How are decisions made?
Brenda Parks stated that she would take these concerns back to the company. She will review the process and report back to Supervisor Chipman. Time warner cable has a new construction team
in place, she will discuss with them the item topics discussed this evening to see if there is any possible solution.
Thomas O’Brien of Trails End Rd. Kerhonkson stated that people have made requests multiple times. He would really like to see an opportunity for time warner to bring a team in to discuss concerns.
Supervisor Chipman agreed and asked Brenda if a team could come back in a collective fashion to satisfy the community.
PUBLIC HEARING CLOSED:
A MOTION was made by Councilman Drabkin to close the public hearing at 7:45pm.
Seconded by: Councilman Cilenti 5-0aye, motion carried
Unanimously approved
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The July Town Board Meeting was held on July 11, 2013 at 7:45pm at the Town of Rochester Town Hall.
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti
Councilman Drabkin Councilman Spano Town Clerk Gundberg
Attorney Christiana
PLEDGE:
Supervisor Chipman opened the meeting and Terrence Ward led in the Pledge of Allegiance to the Flag.
PUBLIC COMMENT:
Gerry Fornino thanked the Town Board for his emergency management gear.
Mike Baden thanked the 10 members on the zoning revision committee. He obtained a copy of the cd and was very happy with the purposed changes. Any questions about the zoning/ subdivision changes he is willing to discuss or present to the board.
APPROVAL OF MINUTES:
A Motion was made by Councilman Cilenti to approve the minutes of the 06/06/2013 Town Board Meeting, 06/27/2013 PH: TWC 06/27/2013 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 read aloud the conclusions found by NYS Department of Transportation for the local speed limit study on Lucas Ave. (CR1). The findings revealed that the roadway is conductive to the existing statewide 55 MPH speed limit. It was suggested that the Town request that the local enforcement agencies step up speed enforcement to address motorists who are not complying with 55 MPH speed limit. It was also recommended that the Ulster County Department of Public Works review this section of County Route 1 to determine if existing signs may require updating or, additional signing may be needed.
LEGAL UPDATES: nothing to report
LIASION REPORTS:
Councilwoman Archer: HPC: last month there was no quorum. The next meeting is scheduled for 7/22/13. All the damaged hamlet signs are going to be replaced. PB: some lot improvements, the Elm Rock Inn was approved with conditions. The Kennedy public hearing remains open.
Councilman Cilenti: nothing to report.
Councilman Drabkin: ZBA: there are two applications one is the building of a group home another is an area variance for Stevenson. Transfer Station: gave his analysis of the month. With the increase in tire fees the taxpayers are no longer subsidizing the cost of tires.
Councilman Spano: absent
Supervisor Chipman: YC: 62 registered in the summer program. ECC: working on the farm table program for this fall. Working on cleaning up the Rail trail.
Mike Baden was asked by Supervisor Chipman to give an update on the planning and zoning grant. As of 6/30/2013 100% of the planning board files are completed and 85-90% of the ZBA files are completed. Of the grant monies received $6,500 of the $ 9,000 was spent. A big thank you to Reggie for created the program and also to Becky and Loretta for all their work and involvement to complete the project.
NEW/OLD BUSINESS:
APPOINTMENT OF MUNICIPAL WORKER 1 POSITION:
Resolution: 91-2013:
A Motion was made by Councilman Spano to provisionally appoint Paul Rider to the fulltime
(40 hr. a week) position of municipal worker 1 at a rate of $ 12.00 per hour starting 07/16/2013.
Seconded by: Councilman Drabkin 4-0ayes, motion carried
Chipman- recused
ZONING REVISION UPDATE:
The Board discussed what they want to do with the 80% completed by the committee. It was agreed upon for the Town Board to dedicate the next audit workshop meeting to the purposed changes. The remaining 4 topics it was suggested to bring CEO Jerry Davis in to discuss with. Forward the telecommunication to the Town Planner.
APPOINTMENT TO THE HISTORIC PRESERVATION COMMISSION:
Resolution # 92-2013:
A Motion was made by Councilwoman Archer to appoint Walter Levy to the Historic Preservation Commission with a term to expire 12/31/2015.
Seconded by: Councilman Cilenti 5-0aye, motion carried
UNIFORM NOTICE OF CLAIMS CERTIFICATE RESOLUTION:
Resolution # 93-2013:
A Motion was made by Councilman Cilenti that,
WHEREAS, General Municipal Law Chap 53 requires towns to file a certificate with the Secretary of State designating the Secretary of State as an agent for service of a notice of claim; and
WHEREAS, General Municipal Law Chap 53 requires the certificate to include the applicable time limit for filing the notice of claim and the name, post office address and electronic mail address, if available, of an officer, person, for the transmittal of notices of claim served upon the Secretary as the town’s agent; and
WHEREAS, pursuant to General Municipal Law Chap 50-e(1)(a), the applicable time limit for the filing of a notice of claim upon a town is 90 days after the claim arises, or in the case of a wrongful death action, 90 days from the appointment of a representative of the decedent’s estate.
NOW THEREFORE BE IT RESOLVED, that the Town Board for the Town of Rochester, County of Ulster designates the Town Clerk, to receive notices of claims served upon the Secretary of State by mail at P.O. Box 65 Accord, NY 12404 and email at TORTCTX@YAHOO.COM.
BE IT FURTHER RESOLVED, that the Town Board hereby directs the Town Clerk to file the required certificate with the secretary of State informing him or her of the town’s designation and applicable time limitation for filing a notice with the town.
Seconded by: Councilman Drabkin 5-0aye, motion carried
TWO ROW WAMPUM RENEWAL CAMPAIGN:
Resolution # 94-2013:
A Motion was made by Supervisor Chipman that;
WHEREAS, despite the Two Row agreement, for centuries the Haudenosaunee and other Native people have been subjected to laws, activities, and actions to undermine their culture, spirituality, and way of life by ill-advised and intemperance government bodies; and
WHEREAS, such actions are beneficial for neither the Haudenosaunee nor the people whom such government bodies represent; and
WHEREAS, the Haudenosaunee and other Native people have persistently maintained their spiritual and cultural practices and in some cases their traditional governing structure despite long-term efforts to subvert those practices and
WHEREAS, the Haudenosaunee have consistently sought diplomatic means to resolve problems with neighboring governments and people; and
WHEREAS, Ulster County and the Haudenosaunee can both benefit from a mutual collaboration and friendship to protect the environment on which we all depend; and
WHEREAS, Ulster County and the Haudensaunee can both benefit from a respect for the culture, spirituality, and a way of life of the Haudensaunee and that of Ulster County while traveling on their own mutual paths through life; now, therefore be it
RESOLVED that the Ulster County Legislature expresses support for the year-long Two Row Wampum Renewal Campaign to honor Native Treaties and protect the Earth, and calls on the citizens of Ulster County New York, to build positive and respectful relations with their Native neighbors and with all Native Peoples.
Motion not carried
TIME WARNER CABLE CONTRACT:
Resolution # 95-2013:
A Motion was made by Councilman Cilenti to adopt the proposed Time Warner Cable contract with the Town of Rochester.
Seconded by: Councilman Spano 5-0aye, motion carried
MARRIAGE OFFICER:
Resolution # 96-2013:
A Motion was made by Supervisor Chipman to appoint Kevin Pawski to serve as a one-time marriage officer for 8/17/2013 in the Town of Rochester.
Seconded by: Councilman Cilenti 5-0aye, motion carried
PUBLIC COMMENT PERIOD:
Barbara Fornel stated that it is refreshing to see a board very proactive with town issues, and continues to work well together, she is proud to live in Rochester.
EXECUTIVE SESSION:
A Motion was made by Supervisor Chipman to enter into executive session at 8:55pm to discuss specific litigations.
Seconded by: Councilman Drabkin 5-0aye, motion carried
A Motion was made by Councilman Drabkin to reconvene the meeting at 9:00pm stating no action taken nor monies expended.
Seconded by: Councilman Cilenti 5-0aye, motion carried
AUTHORIZATION FOR TOWN ATTORNEY:
Resolution # 97-2013:
A Motion was made by Councilwoman Archer to authorize Attorney Christiana to commence litigation in the Supreme Court against Charles & Annette Rose.
Seconded by: Supervisor Chipman 5-0aye, motion carried
Resolution # 98-2013:
A Motion was made by Supervisor Chipman to authorize Attorney Christiana to commence litigation in the Supreme Court against the Rainbow diner.
Seconded by: Councilman Cilenti 5-0aye, motion carried
ADJOURNMENT:
A Motion was made by Supervisor Chipman to adjourn the meeting at 9:05 pm.
Seconded by: Councilman Cilenti 5-0 aye, motion carried
Respectfully Submitted,
Kathleen A. Gundberg
Town Clerk
The Audit/Workshop Meeting was held on July 25, 2013 at 7:00pm at the 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 Frank Dannecker led in the Pledge of Allegiance to the Flag.
HPC INTERVIEW & APPOINTMENT:
Resolution # 99-2013:
A Motion was made by Councilman Drabkin to appoint Frank Dannecker to the Historic Preservation Commission with a term to expire 12/31/2015.
Seconded by: Councilman Cilenti 4-0aye, motion carried
Spano absent
APPROVAL OF BILLS:
A Motion was made by Councilman Cilenti to approve the following bills as audited this date
General Fund Abstract 5 of 2013 $ 54,238.48
Highway Fund Abstract 5of 2013 $ 153,472.99
Street Lighting $ 404.74
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$ 208,116.21
Seconded by: Councilwoman Archer motion carried
EXPANDING BUDGET LINE 5110.4:
Resolution # 100 -2013:
A Motion was made by Councilman Drabkin to expand Budget line 5110.4- Highway Roads Contractual $ 69,000.00 from Highway unallocated fund balance to pay winning bidder Mombaccus Excavation for crushed gravel as awarded Resolution # 115-2012 as per Resolution # 110-2012.
Seconded by: Councilman Cilenti 4-0aye, motion carried
Spano absent
ZONING CODE CHANGE WORKSHOP:
There was a discussion on zoning code section 140-42; requiring a residential home owner to obtain a special use permit and an area variance to encroach on a building setback line. The intention of this section was for non-residential purposes. Attorney Christiana suggested a quick fix by placing “ non-residential” in this section of the law.
The Board reviewed some of the changes purposed by the zoning revision committee. Most of the changes are definitions. Attorney Christiana was authorized to make proper changes and place the code in final format so the Town Board can schedule a public hearing.
ADJOURNMENT:
A Motion was made by Councilman Drabkin to adjourn the meeting at 7:50pm
Seconded by: Councilman Cilenti 4-0aye, motion carried
Spano-Absent
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
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