2013 September Town Board Minutes

The September Town Board Meeting was held on September 5, 2013 at 7:00 pm at the Town of Rochester Town Hall.

 

PRESENT:
Supervisor Chipman              Councilwoman Archer             Councilman Drabkin      
Town Clerk Gundberg               Attorney Christiana

 

ABSENT:
Councilman Cilenti              Councilman Spano        

 

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

 

PUBLIC COMMENT:

 

Chick Logan thanked the Town Board for all their efforts with the Palentown School. A New roof was completed on the woodshed and outhouse. He thanked Supervisor Chipman for his quick action with the electrical issue at the school. An electrician was there right away.
Another concern he has was during the storms he was without power and phone the first time for 5 days second time 7 days. It’s a real concern for the safety of Town residents. Unfortunately there is also no cell service in this location.  He once heard that possibly a cell tower was going to go on the property located where Rochester #2 Firehouse is, this would benefit a lot of people in the remote area of town.
Supervisor Chipman thanked Chick, Trudy and Gary Miller for all their work with the Palentown School.
Mike Baden stated that at the UC Planning Board meeting there was a discussion on Verizon’s plans. He stated this was headed in a more regional direction. Also both he and Cliff Mallory’s terms are up in December.
APPROVAL OF MINUTES:

 

A Motion was made by Councilman Drabkin to approve the minutes of the 08/01/2013 Town Board Meeting, 08/29/2013 PH: proposed amendments to Chap. 140(Zoning) & PH: proposed amendments to Chap. 125(Subdivision) ,08/29/2013 Audit Workshop Meeting.

 

Seconded by: Councilwoman Archer                                3-0 aye, motion carried
                                                                Cilenti, Spano Absent
                                                                
SUPERVISORS REPORT: Filed with the Town Clerk

 

SUPERVISOR’S UPDATE /CORRESPONDENCE RECEIVED:

 

Supervisor Chipman stated he received a notice from NYS department of public service raising awareness of the Lifeline Discount telephone Service Program. This program is designed to make basic telephone service more affordable for income-eligible consumers.

 

LEGAL UPDATES:  

 

UCARC: the court lifted the restraining order and are allowed to continue building at this time. Other topics will be discussed in executive session.

 

LIASION REPORTS:

 

Councilwoman Archer: HPC: no meeting held. PB: a public hearing is scheduled on a property.
Councilman Cilenti: absent
Councilman Drabkin: TS: collected a tad more than charged, we are on the up! ZBA: Appeal of Ulster ARC heard evidence from both sides, a decision will be rendered within the next 60 days.
Court: Justice Babcock thanked the Town Board for a constable. He reported that the auditors came to the courthouse once, but he hasn’t heard anything else. Last month there were 120 criminal cases, 10 civil cases, and no number of traffic and violation cases. Currently gathering information for a grant for new computers, looking into purchasing a tv/dvd combo which would be extremely helpful for police testimony.
Hwy: nothing to report. There was a discussion on completing the hookup for the generator for the Community center. Richard Miller stated that he found the parts required for hookup.

 

PURCHASE OF GENERATOR PARTS:
Resolution # 109- 2013:

 

A Motion was made by Councilman Drabkin to authorize Richard Miller to purchase parts required for the hookup of the generator up to $ 1500.00.

 

Seconded by: Supervisor Chipman                                 3-0 aye, motion carried
                                                                        Cilenti, Spano Absent
It was also discussed to get at least 3 electrical quotes.
Councilman Spano: Absent
Supervisor Chipman: YC: 76 kids enrolled in the summer program, average of 35 kids per week!
The Jennie Bell pie festival is scheduled for September 21-22, 2013.
ECC: met with a water quality test expert testing the Rondout. Currently working with river keeper to get pre Irene data compared to recent data collected. Also looking to receive a quote for solar power for the Town.
APPOINTMENTS:

 

ENVIRONMENTAL CONSERVATION COMMISSION:
Resolution # 110-2013:

 

A Motion was made by Councilwoman Archer to appoint Angela and Stewart Dorris to the Environmental Conservation Commission with terms to expire 12/31/2015.

 

Seconded by: Councilman Drabkin                                 3-0 aye, motion carried
                                                                        Cilenti, Spano Absent
BOARD OF ASSESSMENT REVIEW:
Resolution # 111-2013:

 

A Motion was made by Councilwoman Archer to appoint Martha Tardibuono to the Board of Assessment Review with a term to expire 09/30/2018.

 

Seconded by: Councilman Drabkin                                 3-0 aye, motion carried
                                                                        Cilenti, Spano Absent

 

ACCORD SPEEDWAY RACE DATE:

 

The Accord Speedway asked for approval to change the dates of 2 races in 2013 due to cancellations. The race dates requested are for 10/05/2013 & 11/30/2013.

 

Resolution # 112-2013:

 

A Motion was made by Councilman Drabkin to authorize race dates for 10/05/2013 & 11/30/2013.

 

Seconded by: Supervisor Chipman                                 3-0 aye, motion carried
                                                                        Cilenti, Spano Absent

 

Gary Palmer owner of the Accord Speedway thanked the Town Board for their support!!!

 

ULSTER COUNTY RESOURCE RECOVERY AGENCY CONTRACT:
Resolution # 113-2013:

 

A Motion was made by Councilman Drabkin to extend the UCRRA contract 1 year.

 

Seconded by: Councilwoman Archer                                        3-0 aye, motion carried
                                                                        Cilenti, Spano Absent

 

OPEN DEVELOPMENT – CHARLES:

 

Supervisor Chipman explained that NYS Town Law 280- regarding open development the Town Board is required to send request to the planning board to review application. When the application has met all of the conditions on open development the planning board will refer it back to the Town Board for the Supervisor to sign the Road Maintenance Agreement.

 

Councilman Drabkin stated that this process is awful for anyone wanting to build. It could be so much simpler, so many other towns have a basic law in place. He has complained about this process all the years involved with the planning and zoning boards. There is no reason to go back and forth holding up the applicant. All we are trying to do is hold the town harmless, the code enforcement officer should forward the application to the Town Board and the Town Board should sign off, the planning board should be out of the loop because it just holds up the process. Attorney Christiana stated she would have to look into it.

 

Resolution # 114-2013:

 

A Motion was made by Councilwoman Archer to send request to the town Planning Board to review application.

 

Seconded by: Councilman Drabkin                                 3-0 aye, motion carried
                                                                        Cilenti, Spano Absent
EXECUTIVE SESSION:

 

A Motion was made by Supervisor Chipman to enter into executive session at 7:40 pm to discuss Garewell settlement and The Rainbow Diner litigation.

 

Seconded by: Councilman Drabkin                                 3-0 aye, motion carried
                                                                        Cilenti, Spano Absent
A Motion was made by Councilman Drabkin to reconvene the meeting at 8:05 pm stating no action taken or monies expended.

 

Seconded by: Councilwoman Archer                                        3-0 aye, motion carried
                                                                        Cilenti, Spano Absent
GAREWELL SETTLEMENT:
Resolution # 115-2013:

 

A Motion was made by Councilwoman Archer to settle on an Assessment of $ 195,000.

 

Seconded by: Councilman Drabkin                                 3-0 aye, motion carried
                                                                        Cilenti, Spano Absent
RAINBOW DINER:
Resolution # 116-2013:

 

A Motion was made by Councilman Drabkin to hire Medenbach & Eggers to oversee sight assessment under NYS Law and pertaining to that assessment to prepare bids for the cleanup of the Rainbow Diner sight.

 

Seconded by: Councilwoman Archer                                3-0 aye, motion carried
                                                                        Cilenti, Spano Absent
PUBLIC COMMENT PERIOD:

 

Justice Babcock suggested that the Town hold a days of amnesty. Allowing town residents to cleanup and bring refuse to the Transfer Station. It would be a cost to the Town but a benefit to the residents, something that everyone would benefit from. He also asked if there is any more information on the possible consolidation of Towns?
Supervisor Chipman stated that he hopes to hear more by next month.

 

ADJOURNMENT:

 

A Motion was made by Councilman Drabkin to adjourn the meeting at 8:15 pm.

 

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

 

Respectfully Submitted,
Kathleen A. Gundberg
Town Clerk
The Audit/Workshop Meeting was held on September 26, 2013 at 7:00pm at the Town Hall.

 

PRESENT:

 

Supervisor Chipman                      Councilwoman Archer     Councilman Cilenti                            Councilman Drabkin                        Deputy Town Clerk Ferrara       Attorney Christiana

 

ABSENT:
Councilman Spano

 

PLEDGE:
Supervisor Chipman opened the meeting and Richard Miller led in the Pledge of Allegiance to the flag.

 

APPROVAL OF BILLS:

 

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

 

General Fund Abstract 9 of 2013         $             59,316.58
                        Highway Fund Abstract 9 of 2013         $             48,521.05
Street Lighting                                 $                  346.07
                                                                        ______________
                                                                        
$            108,183.70

 

Seconded by: Councilman Cilenti                                 motion carried

 

DISCUSSION  ZONING CODE / SUBDIVISION COMMENTS RECEIVED:

 

Supervisor Chipman read aloud a letter submitted by Steve Fornel for recommendations that he suggests for Chapter 140( Zoning) regardless of whether or not they were included in the initial proposal . He expressed concerns he has regarding the following sections
140-8, 140-8B, 140-25,140-51D,140-62C and 140-66(2). The board had a lengthy discussion on these recommendations. There were some clarifications on special use permits and violations.
Supervisor Chipman stated that the board appreciates comments from both Mr. Fornel and residents who have attended the public hearing.

 

CHANGE OCTOBER AUDIT/ WORKSHOP MEETING:

 

Supervisor Chipman stated that he has been in contact with a gentleman from Time Warner Cable and he is available the week of October 28th to attend a meeting. Supervisor Chipman suggested that he attend the October Audit workshop meeting to discuss any further issues.
Resolution # 117-2013:

 

A Motion was made by Councilman Drabkin to reschedule the 10/31/2013 audit workshop meeting to 10/29/2013 at 7pm and further authorizing the Town Clerk to advertise the same.

 

Seconded by: Councilman Cilenti                                 4-0aye, motion carried
                                                                        Spano-absent

 

CONSTABULARY UPDATE:

 

New training schedule is out and basic training classes will start mid-February. Currently there are 16 students creating a revenue stream of  $ 32,000.00. October 3, 2013 another Good Guys class is scheduled for the afterschool program. Councilman Cilenti stated that the previous class was “ very well received”.
The Senior group program has been difficult to pursue. Councilwoman Archer suggested that written communication to the senior group laying out what the intent of the program is and  presenting the layout to the group so they have a better understanding of the program would be beneficial .
Richard Miller is working on quotes for the generator hookup. The transfer switch for the generator was purchased with a cost of $ 1,016.00

 

LEGAL UPDATES:

 

Attorney Christina received the parking lot description from Terry Ringler in reference to the Schoonmaker property.

 

The Rose litigation was held on the 29th at the Town Court. Though found guilty a fine was not determined but the homeowners are required to work with the Code Enforcement Officer to have the property cleaned up and are due back in court next month.

 

                                
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,

 

Christina M. Ferrara
Deputy Town Clerk