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The March Town Board Meeting was held on March 14, 2013 at 7pm 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 Richard Miller led in the Pledge of Allegiance to the Flag.
PRESENTATION: VIDEO GAMING FOR HVR & PINE GROVE DUDE RANCH:
David O’Halloran of the Pine Grove Dude Ranch and Kathy Balestra of the Hudson Valley Resort presented their intent of having an amenity added to their facilities. We have strong weekends but midweek business is slow. There is no expansion of the facility or parking, we are just looking for service to add to our business.
VIDEO LOTTERY TERMINALS:
Resolution # 56-2013:
BE IT RESOLVED that the Town of Rochester Town Board hereby supports placement of Video Lottery Terminals at the Hudson Valley Resort and the Pine Grove Dude Ranch and asks that the State of New York authorizes such placement at both of these resorts located in the Town of Rochester.
Moved by: Councilman Cilenti
Seconded by: Councilman Drabkin 5-0aye, motion carried
PUBLIC COMMENT:
One resident asked the board to consider banning woodstoves from April-October.
David O’Halloran spoke on the potential code revisions.
Several residents spoke on the NY Safe Act passed in January. It was asked that the Town Board pass a resolution supporting the second amendment to send a voice to our Local and State Representatives.
APPROVAL OF MINUTES:
A Motion was made by Councilman Cilenti to approve the minutes of the 02/07/2013 Town Board Meeting, and 02/28/2013 Audit Workshop Meeting.
Seconded by: Councilman Spano 4-0 aye, motion carried
SUPERVISORS REPORT: Filed with the Town Clerk
SUPERVISOR’S UPDATE /CORRESPONDENCE RECEIVED:
Supervisor Chipman announced Rochester Planning Board Chairman Mike Baden has been given the New York States Planning Federation’s 2013 Levine Community Service Award. “This award is given to dedicated individual who promotes sound planning, land use and zoning practice in New York State. Congrats to Mike, he richly deserves this award. This is also a reflection on our Town. The Town of Rochester is in the forefront on many things and Mike is a big part of it.”
LIASION REPORTS:
Councilwoman Archer: nothing to report
Councilman Cilenti: nothing to report
Councilman Drabkin: discussed audit procedures with the Court. A discussion with Judge Babcock on purchasing a LED sign that can be programmed from home giving details on paying court fines, hours they may be closed. There was a discussion on the transfer station fees charged by the RRA. Councilman Spano asked if the truck is weighted before leaving the Town Transfer Station.
Councilman Spano: nothing to report
Supervisor Chipman: ECC: nothing to report. Youth Commission: Easter Egg Hunt 3/30/2013. Cornbeef Luncheon 3/15/2013.
NEW/OLD BUSINESS:
RESOLUTION IN SUPPORT OF THE SECOND AMENDMENT:
Resolution # 57-2013:
A Motion was made by Councilman Spano and Seconded by Councilman Cilenti that;
WHEREAS, the right of the People to Keep and Bear Arms is guaranteed as an individual right under the Second Amendment to the United States Constitution of the State of
New York, and;
WHEREAS, the right of the People to Keep and Bear Arms for defense of Life, Liberty ,and Property is regarded as an inalienable Right by the People of the Town of Rochester, Ulster, New York, and;
WHEREAS, the People of the Town of Rochester, Ulster County, New York, derive economic benefit from all safe forms of firearms recreation, hunting, and shooting conducted within the Town of Rochester using all types of firearms allowable under the United States Constitution and the Constitution of the State of New York, and;
WHEREAS, the Rochester Town Board, being elected to represent the people of the Town of Rochester and being duly sworn by their Oath of Office to uphold the United States Constitution and the Constitution of the State of New York, and;
WHEREAS, the New York State Assembly and the New York State Senate, being elected by the People of the State of New York and being duly sworn by their Oath of Office to uphold the United States Constitution and the Constitution of the State of New York, and;
WHEREAS, legislation passed by the New York Assembly and Senate infringes on the Right to Keep and Bear Arms and would ban the possession and use of firearms now employed by individual citizens of the Town of Rochester for defense of Life, Liberty and Property and would ban the possession and use of firearms now employed for safe forms of firearms recreation, hunting and shooting conducted within the Town of Rochester, Ulster County, New York;
WHEREAS, the Rochester Town Board believes there are many other less intrusive means available, other than rash, confusing, and inarticulately drafted firearms laws that would effectively, control, manage, and reduce violence in our society, such as, mental health reforms, anti-bullying programs for school, enforcement of existing firearms laws to the fullest extent possible, and proper psychological counseling for those in need or who request it;
NOW, THEREFORE, IT BE AND IS HEREBY RESOLVED that the Rochester Town Board does hereby oppose the enactment of any legislation that would infringe upon the Right of the People to Keep and Bear Arms and consider such laws to be unnecessary and beyond lawful legislative authority granted to our State representatives, as there is no documented correlation between gun control measures and crime reduction.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to Governor Andrew Cuomo, Senator James Seward and Assemblymember Kevin Cahill.
ROLL CALL VOTE:
Councilwoman Archer: Abstain
Councilman Cilenti Aye
Councilman Drabkin Aye
Councilman Spano Aye
Supervisor Chipman Aye 4 aye, 1- abstain (Archer)
COMMITTEE TO REVIEW ZONING AND SUBDIVISION CHANGES:
There was a lengthy discussion on reactivation of the old Code Taskforce Committee.
Councilman Cilenti stated a specific charge needs to be made, there’s 70 items on the table he has heard from several residents their perception of the law and he is in favor of reinstating the former code task force committee. They were there, they have the experience and knowledge.
Attorney Christiana stated when the law was adopted it was recommended that the planning secretary and CEO keep a running list to update over time of things that worked and didn’t work. The reason the board waited to propose changes was the fact we were in litigation.
Councilman Cilenti stated that we need to charge a time frame of 3 months, look at the proposed changes only, a consensus vote from the committee.
Resolution # 58-2013:
A Motion was made by Councilman Cilenti to reactivate the Code Task Force Committee with David O’Halloran to serve as Chairman. A specific charge of three month time frame, to look at the proposed changes only & and determinations be a consensus vote.
Seconded by: Councilman Spano 5-0aye, motion carried
ADVERTISE FOR PUBLIC HEARING REPEALING LOCAL LAW # 1-2012:
Resolution # 59-2013:
A Motion was made by Councilman Cilenti to schedule a public hearing repealing Local Law
# 1-2012 re: Grievance Day for 3/28/2013 at 7pm 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
RAINBOW DINER CLEANUP SBL: 76.1-3-33:
Resolution # 60 -2013:
A Motion was made by Councilman Drabkin that the Town of Rochester solicit and advertise for bids for clean-up of the former Rainbow Diner site located at 6122 Route 209 Kerhonkson, NY property tax id 76.1-3-33, owned by George Haralabopoulos and Caryle Mitchell. Sealed bids must be received on or before 03/28/2013 at 10am in the office of the Town Clerk where they will be opened at 11am. The Town Board has the right to reject any and all bids.
Seconded by: Councilman Cilenti 5-0aye, motion carried
DEMOLITION OF EDWARDS ESTATE SBL: 77.1-2-1.300:
Resolution # 61-2013:
A Motion was made by Councilwoman Archer that the Town of Rochester solicit and advertise for bids for the demolition and clean-up of structures located at 5001 route 209 Accord, NY tax id 77.1-2-1.300, owned by the estate of Giles Edwards and Doris Edwards. Sealed bids must be received on or before 03/28/2013 at 10am in the office of the Town Clerk where they will be opened at 11:15am. The Town Board has the right to reject any and all bids.
Seconded by: Councilman Spano 5-0aye, motion carried
EXECUTIVE SESSION:
A Motion was made by Councilman Cilenti to enter into executive session at 8:30pm to discuss 2 employee personnel matters.
Seconded by: Councilman Spano 5-0aye, motion carried
A Motion was made by Councilman Spano to reconvene the meeting at 9:10pm with no action taken nor monies expended.
Seconded by: Councilman Drabkin 5-0aye, motion carried
PUBLIC COMMENT PERIOD:
Mike Baden stated that with the Code Task Force Committee also had 3 ex-official members; the CEO, Planning/Zoning Secretary, and a member from the ECC. It was based on a majority vote.
Gerry Fornino thanked Councilman Spano for a well written promoted resolution in reference to supporting the second amendment.
2 Residents spoke against the Town placing the cleanup of the Rainbow Diner out to bid. It is expensive and using tax dollars for cleanup isn’t right.
One resident asked if there is a cost of savings with consolidating Towns to Rosendale School.
ADJOURNMENT:
A Motion was made by Councilman Drabkin to adjourn the meeting at 9:15pm.
Seconded by: Councilman Spano 5-0aye, motion carried
Respectfully Submitted,
Kathleen A. Gundberg
Town Clerk
A Public Hearing was held on March 28, 2013 at 7pm at the Town of Rochester Town Hall Re: Grievance Day
Present:
Supervisor Chipman Councilman Cilenti Councilman Drabkin
Councilman Spano Town Clerk Gundberg Attorney Christiana
Absent:
Councilwoman Archer
Pledge:
Supervisor called the public hearing to order and Carol Fischer led in the Pledge of Allegiance to the Flag;
LOCAL LAW # 1-2013: REPEALING LOCAL LAW # 1-2012:
Local Law # 1-2013: Repealing Local Law # 1-2012: establishing a date for the meeting of the Town of Rochester Board of Assessment Review other than that provided in subdivision 1 of section 512 of the real property tax law.
PUBLIC COMMENT PERIOD:
No comments made.
A Motion was made by Councilman Drabkin and seconded by Councilman Cilenti to close the public hearing at 7:05pm.
4-0aye, motion carried
Archer- absent
Resolution # 62-2013:
A Motion was made by Councilman Drabkin to adopt Local Law #1-2013: repealing local law # 1-2012.
Seconded by: Councilman Cilenti 4-0aye, motion carried
Archer- absent
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Audit/Workshop Meeting was held on March 28, 2013 at 7:05pm at the Town Hall.
PRESENT:
Supervisor Chipman Councilman Cilenti Councilman Drabkin Councilman Spano Town Clerk Gundberg Attorney Christiana
ABSENT:
Councilwoman Archer
ZONING REVISION COMMITTEE:
Resolution # 63- 2013:
A Motion was made by Councilman Cilenti to amend Resolution #58 -2013 reactivating the Code Task Force Committee. The Zoning Revision Committee will have David O’Halloran to serve as Chairman. A specific charge of three month time frame, Strictly review & and determinations to be a consensus vote. The committee consists of the following residents;
Councilwoman Archer selected the following;
Martha Tardibuono & Floyd Lattin
Councilman Cilenti selected the following;
Frank Kortright Jr. & Troy Dunn
Councilman Drabkin selected the following;
Diana Cilenti & Gerry Fornino
Councilman Spano selected the following;
Cliff Mallory & Len Bernardo
Supervisor Chipman selected the following;
David O’Halloran & Steve Fornel
Seconded by: Councilman Drabkin 4-0aye, motion carried
Archer- absent
APPROVAL OF BILLS:
A Motion was made by Councilman Drabkin to approve the following bills as audited this date
General Fund Abstract 3 of 2013 $ 195,369.35
Highway Fund Abstract 3 of 2013 $ 104,222.42
Street Lighting $ 433.32
______________
$ 300,025.09
Seconded by: Councilman Cilenti motion carried
EXECUTIVE SESSION:
A Motion was made by Councilman Cilenti to enter into executive session at 7:15pm to discuss a specific personnel issue.
Seconded by: Councilman Spano 4-0aye, motion carried
Archer- absent
A Motion was made by Supervisor Chipman to reconvene the meeting at 7:30pm stating no action taken nor monies expended.
Seconded by: Councilman Cilenti 4-0aye, motion carried
Archer- absent
Resolution #64 – 2013:
A Motion was made by Supervisor Chipman to appoint Harry Worden Transfer Station Operator at a rate of $18.33 per hour retro-active 3/14/2013.
Seconded by Councilman Cilenti 4-0aye, motion carried
Archer- absent
ADJOURNMENT:
A Motion was made by Councilman Spano to adjourn the meeting at 7:30pm
Seconded by: Councilman Cilenti 4-0aye, motion carried
Archer- absent
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
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