2013 June Town Board Minutes

The June Town Board Meeting was held on June 6, 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 Veronica Sommer led in the Pledge of Allegiance to the Flag.
PUBLIC COMMENT:

 

Several residents spoke on the impact it would cause to the Town of Rochester moving offices to Rosendale School. One resident asked the Town Board what they see as the future of the Community Center? It was asked by residents before any decision making is set in stone please  consider forming a committee of town residents or allow the input of residents be a part of all the final plans.
A few other residents asked about the progress of cleanup for the Rainbow Diner.
One resident thanked the Town Board for opposing the takeover of FORTIS with Central Hudson. It was asked that the Town Board join the municipal consortium against FORTIS takeover of Central Hudson.

 

APPROVAL OF MINUTES:
A Motion was made by Councilman Cilenti to approve the minutes of the 05/02/2013 Town Board Meeting, 05/30/2013 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:
On 5/8/2013 NYS Parks and Recreation listed Joachim Schoonmaker Farm on the National Register of Historical places. This is great for the Town of Rochester. Thank you and congratulations to the HPC and the Schoonmaker family.
Supervisor Chipman stated that there is no disagreement of the negative impacts of FORTIS taking over Central Hudson.  At this time he feels the Town Board can’t pay $ 1500.00 of taxpayer’s dollars towards the legal fees with the consortium. There is no direction and we would be handing money over to something we have no control over.

 

LEGAL UPDATES:  nothing to report
LIASION REPORTS:
Councilwoman Archer: nothing to report
Councilman Cilenti: the constabulary status; there is $ 16, 000.00 towards training and Rich Miller can coordinate training dates and locations.
Councilman Drabkin: ZBA: nothing to report. Transfer Station: gave his analysis of the month.
Councilman Spano: absent
Supervisor Chipman: YC: the after school program is coming to an end & and summer program starts in July. A big thank you to Manuela for her involvement with the memorial service. It was a great bringing a mixture of generations together.
NEW/OLD BUSINESS:

 

APPOINTMENT TO THE ULSTER EMC:
Resolution # 84-2013:
A Motion was made by Councilman Drabkin to appoint Jorge Gomes to serve as the Town representative to the Ulster EMC and for Henry Bartosik to serve as the alternate.
Seconded by: Councilman Cilenti                         4-0 aye, motion carried
                                                                Spano- Absent
ACCORD SPEEDWAY DATE CHANGE:
Resolution # 85-2013:

 

A Motion was made by Councilman Drabkin to permit the Accord Speedway to race on
August 6, 2013 as a substitution date for 3 cancellations due to weather.
Seconded by: Councilman Cilenti                                 4-0 aye, motion carried
                                                                        Spano- Absent
                        
CONSORTIUM AGAINST FORTIS TAKEOVER OF CENTRAL HUDSON:
Resolution # 86-2013:

 

A Motion was made by Councilman Cilenti to approve joining the Consortium against FORTIS takeover of Central Hudson as long as the $ 1500.00 raised is by private funds and the Town of Rochester will accept the gift of $ 1500.00
Seconded by: Councilman Drabkin

 

Motion tabled until more information is gathered by Attorney Christiana
DISCUSSION:
Councilwoman Archer stated that more information needs to be gathered. What happens if there is an extended litigation? What legal liability are we involving ourselves in? What control does our Town have? We need to have a better understanding from a legal perspective.
Councilman Cilenti agreed that there are a lot of questions that need to be answered before any decision can be made.
Councilman Drabkin stated it would be one thing to contribute as individuals not an municipality lobbying because what position does that put the Town in?

 

SALE OF SURPLUS EQUIPMENT:
Lists will be gathered from various departments and placed out to bid next month.

 

PARKING ON ROCKHILL RD:
A letter with 17 signatures was submitted to the Town Board asking for no parking on Rock Hill Rd.

 

ASSEMBLY BILL A 7716 TO ALLOW TOWN BUSINESS AT ROSENDALE SCHOOL:
Resolution # 87-2013:

 

A Motion was made by Councilman Cilenti and Seconded by Councilman Drabkin that;   

 

RESOLUTION of the Town Board of the Town of Rochester, Supporting Legislation introduced in the New York State Legislature and referred as a Home Rule Relief measure Authorizing the Town of Marbletown and the Town Justices of Rochester to conduct business, including Court proceedings, in the Town of Rosendale.

 

WHEREAS, legislation has been introduced in the New York State Assembly and the New York State Senate which would authorize the Town Board of the Town of Marbletown to hold meetings in the Town of Rosendale and the Town Justice Court of the Town of Marbletown and the Town Justice Court of the Town of Rochester to hold Justice Court in the Town of Rosendale.

 

WHEREAS, a resolution of this Town Board is necessary for the State Legislature to grant such authorization.

 

THEREFORE, BE IT FURTHER RESOLVED, that the Town of Rochester supports the passage Of Assembly Bill A. 7716 and Senate Bill S. 5682; and

 

BE IT FURTHER RESOLVED that a copy of this resolution be sent to the New York State Assembly and the New York State Senate.

 

The question of the adoption of the foregoing Resolution was put to a vote on roll call which resulted as follows:

 

Councilwoman Archer                     aye
Councilman Cilenti                              aye
Councilman Drabkin                              aye
Supervisor Chipman                              aye

 

                                                                        4-0aye, Spano- Absent
PUBLIC COMMENT PERIOD:

 

One resident thanked the Town Board for promoting Harry at the Transfer Station. Harry is doing a great job, he’s helpful, efficient and enforces the rules.

 

EXECUTIVE SESSION:

 

A Motion was made by Supervisor Chipman to enter into executive session at 8:10pm to discuss the Rainbow Diner.

 

Seconded by: Councilman Drabkin                                 4-0aye, motion carried
                                                                        Spano-Absent

 

A Motion was made by Councilman Drabkin to reconvene the meeting at 8:30pm stating no action taken nor monies expended.

 

Seconded by: Councilwoman Archer                                        4-0aye, motion carried
                                                                        Spano- Absent
ADJOURNMENT:
A Motion was made by Councilman Drabkin to adjourn the meeting at 8:35 pm.

 

Seconded by: Councilwoman Archer                                        4-0 aye, motion carried
                                                                        Spano- absent
Respectfully Submitted,

 

Kathleen A. Gundberg
Town Clerk

 

A Public Hearing was held on June 27, 2013 at 7:00 pm at the Town Hall
Re: ADDING SPECIAL EVENTS TO SCHEDULE OF USES IN AR-3 DISTRICT.

 

PRESENT:
Supervisor Chipman              Councilwoman Archer             Councilman Cilenti
Councilman Drabkin              Councilman Spano                        Town Clerk Gundberg

 

ABSENT:

 

Attorney Christiana

 

OPEN TO THE PUBLIC:

 

Mike Baden Chairman of the Planning Board stated this was referred to the Town Board because the way the code was written. The town board’s decision must be in writing and submitted to the planning board, if the town board allows special use permits in the AR-3 district then the application would still go the planning board for review. Agriculture tourism is already allowed in this district this would be for weddings, large parties, etc. This would have an economic impact on the Town.

 

PUBLIC HEARING CLOSED:

 

A MOTION was made by Councilman Drabkin to close the public hearing at 7:05pm.

 

Seconded by: Councilman Cilenti                                           5-0aye, motion carried

 

Resolution # 88-2013:

 

A Motion was made by Councilman Drabkin to turn down the purposed law adding special events to the AR-3 district.

 

Seconded by: Councilman Cilenti                         5-0aye, motion carried

 

                        Unanimously approved

 

Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Audit/Workshop Meeting was held on June 27, 2013 at 7:05pm at the Town Hall.

 

PRESENT:

 

Supervisor Chipman              Councilwoman Archer     Councilman Cilenti                Councilman Drabkin                    Councilman Spano                Town Clerk Gundberg               

 

ABSENT:

 

Attorney Christiana

 

PLEDGE:
Supervisor Chipman opened the meeting and Councilman Cilenti led in the Pledge of Allegiance to the Flag.

 

VETERAN’S PARK EAGLE SCOUT PROJECT:

 

Grayson Christian presented to the Town Board a project with his Eagle Scout Troop refurbishing the Town Veteran Park. He attended a memorial service there and saw an opportunity to glorify the park. He presented a four day work list to the town board and asks for approval to start the project.

 

Resolution # 89-2013:

 

A Motion was made by Councilwoman Archer to approve the Eagle Scout project presented by Grayson Christian.

 

Seconded by: Councilman Drabkin                                 5-0aye, motion carried

 

ZONING CODE CHANGES:

 

Steve Fornel, committee member to the zoning / subdivision revision board presented work completed by the committee and asked for an extension to complete the final 4 sections.

 

Definitions: Problems with Zoning Permit definition in both Chapter 140 and Chapter 125; 125 should include Zoning District definition from Chapter 14.

 

140-8 B – Language allowing TB to change zoning district for individual smacks of spot zoning; reference to Chapter 140-66 MUST update Use Variance language.

 

140-8 C– Issue with shall/may (should keep as MAY as this could include Site Plan approval, principle permitted uses, etc.)

 

140-10 A1– Problem w/ language as regards Multiple uses and development standards (should be no problem with this as it preserves the code’s development standards disallowing too many uses on too little land.)

 

140-10 A3- Language questioned; (no known reason why)

 

140-10 D2– Language questioned re deed covenants (don’t like but no reason given as to why such covenants shouldn’t be required) and 140-10D3 language (problems with same not articulated)

 

140-10 D3– why not reference NYS Town Law ( none to reference); problem with Planning Board authority ( this already established via case law); deed covenants( assures that succeeding owners are aware of their responsibilities); Planning Board may impose restrictions on the issuance of building permits ( PB may impose development restrictions but building permits are purview of building inspector)

 

140-10 D4– Language issue w/ access via other municipality and Planning Board’s requirement for proof that adequate access exists. (Concerned that other municipalities may not require bonding.)

 

140-13 H3– Problem with language/ definition re agricultural fence (no reason articulated)

 

140-13 H4– Problem with Planning Board authority (issue of health, safety and welfare, therefore PB authority well established via case law)

 

140-14- Problems with restraints being applied as pertains to keeping of animals (regardless and in defiance of Comprehensive Plan’s demand for impact mitigation)

 

140-14A (D) – Problem w/ zoning permit reference (no reason articulated)

 

140-14A (E) – Problem with labor housing exceeding minimum lot area requirements having to be taken down if operation ceases for two years. (Didn’t like but no reason articulated.)

 

140-16- Whole section re Temporary Structures; want input from CEO

 

140-17 F3– Want input from CEO re requiring a change of use or new use to get confirmation from jurisdictional authority that access is acceptable or detailing required access revisions ( this is a no brainer MUST allow this as access requirements for State, Federal, County, Local differ)

 

140-29- Telecommunication, the whole section. Committee feels Town Board should pass on to Town’s engineering firm to review and advice.

 

140-33 L2- SLF FLAG: conflict w/ 140-18 (this section states Resource Recovery/junkyards only allowed in the NR and I zones but 140-18 allows in Aquifer Protection Overlay District which includes every zoning district.

 

140-35- Commercial Events Facilities; whole section, want CEO input

 

140-37– Mulch & Compost Processing Facility; whole section, want CEO input

 

140-48– re Hearing & Decision, problem w /500 notification, too many people to be notified, burden on applicant. ( Minor cost factor to applicant and increases transparency of process.)

 

140-52 D- Effect of Site Plan & Special Use Approval: problem ( paranoia) re revocation of SUP for failure to adhere to SUP conditions (by promising to adhere to conditions approval granted; in effect, a contract between applicant  and township, therefore breaking the contract and refusing to correct violation(s) should incur penalty of revocation of permit)

 

140-66- MUST update Use Variance language

 

140-67 H– Problem w/ 500’ notification, too many people to be notified, burden on applicant
(Examples repeatedly given use huge tracts of land—300 acres—that only a few people actually own in this Town; actually a fraction of one percent. Therefore, attempting to use community zoning code to shield large land owners from having to inform neighboring properties of impacts of proposed projects. This footage for notification is simply an attempt to show more transparency of governmental process.)

 

DISCUSSION:

 

Councilwoman Archer expressed concerns about the Town Board having no formal notification; she was both surprised and baffled that the committee didn’t communicate to the board the need of an extension. We are very thankful and appreciate every volunteer.

 

Councilman Spano stated a reasonable charge with specific instruction was given, somewhere the communication went off track, we expected a project to be completed. A lot was accomplished it’s not the content but the lack of notification that is the issue.

 

Councilman Drabkin suggested that the Town Board break into two groups making the process less lengthy. Take the information provided and have the Town Board do their homework on suggestions.

 

Councilman Cilenti stated that this is a volunteer group, varied in opinions, reaching a consensus is difficult especially with imposing a time frame.

 

Supervisor Chipman suggested that we forward to Attorney Christiana and Dennis Doyle, the Ulster County Planner.

 

Steve Fornel on behave of the committee asked for an extension of September to complete the charge. 4 sections that remain( telecommunications, temporary structures, commercial events and mulch and compost processing) the input of the CEO and Town engineer are highly recommended. Supervisor Chipman asked how long until this can be completed. Mr. Fornel seemed to think approximately 2 meetings at 3 hours apiece may complete the work.
Troy Dunn another committee member attended every meeting and stated the issues at hand will never have a consensus of the panel, he further suggested the idea of the vote to be tabulated and encouraged the Town Board have the code reviewed every 1-2 years.

 

Resolution # 90-2013:

 

A Motion was made by Councilman Cilenti to forward the following recommendations made by the zoning revision committee to Attorney Christiana and Dennis Doyle for their review and input.

 

Seconded by: Councilwoman Archer                                        5-0 aye, motion carried
APPROVAL OF BILLS:

 

A Motion was made by Councilman Cilenti to approve the following bills as audited this date
                        
                                        

 

General Fund Abstract 6 of 2013         $             34,136.49
                        Highway Fund Abstract 6 of 2013         $             50,629.22
Street Lighting                                 $                  397.75
                                                                        ________________
                                                                        
$             85,163.46

 

Seconded by: Councilman Drabkin                                         motion carried
PUNCHLIST DISCUSSION:

 

The Town Board agreed that we need to continually discuss updates made. We’ve accomplished a lot, and should be proud but some discussions get tabled and some things don’t get accomplished.it was suggested to post updates on the town website to keep the public informed.

 

Supervisor Chipman stated that Attorney Christiana is working on the foreclosure law. Banks need to be held liable for violations.  This will help with homes like the Brick house on route 209.

 

Councilwoman Archer asked why the land swap was not finalized with the Schoonmaker family. Supervisor Chipman stated it had to do with road responsibility.

 

CONSTABULARY UPDATE:

 

$ 20,000.00 was received towards constabulary training. There was a discussion on involving the youth center with some of the senior programs.
EXECUTIVE SESSION:
A Motion was made by Councilman Spano to enter into executive session at 8:00pm to discuss a personnel issue with the Transfer Station.
Seconded by: Councilman Cilenti                                 5-0aye, motion carried
                                                                        
A Motion was made by Councilman Drabkin to reconvene the meeting at 8:10pm stating no action taken nor monies expended.

 

Seconded by: Councilman Cilenti                                 5-0aye, motion carried
                                                                        

 

ADJOURNMENT:

 

A Motion was made by Councilman Spano to adjourn the meeting at 8:10 pm

 

Seconded by: Councilman Cilenti                                 5-0aye, motion carried
                                                                        

 

Respectfully submitted,

 

Kathleen A. Gundberg
Town Clerk