Town Board Meeting – March 2017

The Regular Town Board Meeting was held on March 2, 2017 at 7pm at the Town of Rochester Town Hall.
PRESENT:

Supervisor Chipman Councilwoman Chachkin Councilwoman Fornino
Councilman Drabkin Councilwoman Haugen-Depuy Town Clerk Gundberg

ABSENT:

Attorney Christiana

PLEDGE:

Supervisor Chipman opened the meeting and Town Clerk Gundberg led in the Pledge of Allegiance to the Flag.

Supervisor Chipman apologized to the Board and public for allowing members of the public to speak out outside public comment period. Everyone will be treated the same and the rules will be followed equally.

PUBLIC COMMENT:

Mike Baden researched the existing law of the Ethics Board and it states that the existing members remain until replaced and a member cannot serve more than 2 terms.

APPROVAL OF MINUTES:

A Motion was made by Councilwoman Chachkin to approve the regular 2/2/2017 Regular Town Board Meeting & the 2/23/2017 Audit/ Workshop Meeting.

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

SUPERVISOR’S REPORT: will be available electronically.

Happy Birthday Shirley!!

SUPERVISOR’S UPDATE:

Supervisor Chipman announced that he will not be running for Supervisor this next term.
He stated for the record, “I’ve served 5 terms and will not accept a nomination either. It’s been a long 10 years and I am taking a vocational change starting a program at St. Joseph’s Seminary at Yonkers for permanent Deaconate for the Roman Catholic Church. One of the things I’ve enjoyed most about being Supervisor is helping the people of this Town and I will continue to do that in another way. I can’t stand the politics that goes along with being an elected official it has affected my health. Things get done in spite of politics not because of politics. Fortunately I have able to get things done despite politics. When I first entered into office I was given a 15 minute overview and the keys to the office, our Town was divided and we were headed into a recession. Nobody was working together and it was all about differences and I had to put everyone together. We needed inclusion, respect one another and work together for our Town. Today I am beginning to see it again, extremists on both ends and I can’t play the middle man anymore. This Town used to be known as a one horse Town and we were behind the curve on everybody else. Now, people look at our Town as a leader and that’s because we worked together, we have had great Boards represent out Town because of inclusion. Many of our citizens contributed to this and they came from all walks of life and political persuasions and are now seen as leaders by their colleagues. I think of people like Mike Baden former chair of the Ulster County Planning Board and Chair of our Planning Board, Steve Fornal Zoning and Planning Guru, our Town Clerk Kathleen Gundberg who serves as President of the Ulster County Clerks Association, our Assessor Mike Dunham who serves as President of the Ulster County Assessors Association, Laura Finestone our ECC Chair who is widely respected in the environmental community, and many others. I myself have served as President of the Ulster County Assoc. of Supervisor and Mayors for the past several years, as well as chairing and presiding over many other committees and commissions. I’ve also been very fortunate to work with dedicated Town Board members and dedicated Town Employees from varied backgrounds during my tenure. Some of our best work has been the result of pooling our individual talents and points of view. This is the way government is supposed to work. Not like the mess we have in Washington and Albany. We need to look at what someone brings to the Table, what’s in their heart without an agenda. So I ask we all work together and make sure all the progress we have made doesn’t go backwards. God bless this Town and everyone in it. I thank you for the privilege to serve as your Supervisor and I hope that I have made an impact on some of you. Thank you!”

LEGAL UPDATES: Information was sent to each Board member by Attorney Christiana.

CORRESPONDANCE:

Supervisor Chipman received letters from residents that had concerns with decisions made regarding the Town Board appointment at the last Town Board Meeting. Supervisor Chipman responded by explaining the process of how one selects a councilperson for an appointment.
“The Board was more transparent then we had to be. I’m proud of how my Board did things!”

LIASON/COMMITTEE REPORTS:

Councilwoman Chachkin: Planning Board: 2/13/17 granted 2 approvals 1- multiple use 9 acre on Old Mine Road, lot line adjustment for minor subdivision for shared driveway. A public hearing is scheduled for a subdivision amendment for Catskill Farms subdivision. 3 pre application meetings; one for possible resort and 12 plot subdivision on the present Rondout Country Club. ZRC: Submitted proposal for recommendations to the Town Board.
Councilwoman Chachkin stated , “ My career on both sides of the table started when Supervisor Chipman took office and my career on this side of the table will end when your’s ends, and it’s absolutely true that it was clear the Town was turning around and we are going to try and keep it that way.”
Supervisor Chipman thanked Sherry for serving on both sides of the Table.
Councilwoman Fornino: YC: Valentine’s Day luncheon and party had much success! The St. Patrick’s Day Luncheon will be 3/17/17 with live music by Debbie Martin please sign up by the 13th. Summer Program signups are half full so get those registrations in soon. $ 110.00 per week.
Councilman Drabkin: nothing to report.
Councilwoman Haugen-Depuy: Building Dept: Monies collected the month of January
$ 3,908.90 & February $ 6,699.90 for a total of $ 10,608.80
Supervisor Chipman: Assessor’s report: still working on the data verification project, re-inspected 1570 parcels 1/3 of the way done. The office is very busy with the exemption renewals. Mike and Angie have done a fantastic job! New construction overview to be completed by the end of March.
HPC: presentation by Neil Larson and are working on Historic District designations that will be on the National Historic District registration. HARP: each member on the committee is assigned projects. One thing that Supervisor Chipman is working on is a grant for a water & sewer study. Unfortunately the DEC turned it down last year so other avenues are being looked into. The Committee is looking at other Towns that had success in making the revitalizing work and the Town of Milton had much success with revitalizing their Hamlet. Lynn Archer is the chair of the Harp committee and she is working very hard on the project.
Rail Trail Connectivity: there is a gap from De Jager Lane on Lucas Ave to Scenic Road. We need to fill in that gap to be a part of a trail system. We hope to run from Kingston to Ellenville and hook into the Catskill trail and the Wallkill rail trail. This would give the most extensive trail system in the area.

ENVIRONMENTAL CONSERVATION COMMISSION INTERVIEW & APPOINTMENT:

The Board held an interview with Nicholas DePalmer for an open vacancy to the ECC.

Resolution # 58 -2017:

A Motion was made by Councilman Drabkin to appoint Nicholas DePalmer to Environmental Conservation Commission with a term to expire 12/31/18.

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

NEW/OLD BUSINESS:

RESOLUTION CONCERNING BUDGET TRANSFER WITH A BUDGET LINE:

The Comptroller’s Office has ruled that if you do a budget transfer within the budget line a resolution does not have to be made. It would be an automatic transfer within the budget line.
Councilwoman Haugen-Depuy: wanted clarified that the Comptroller no longer requires this?
Taxpayers have a right to know, it is a nil effect and that needs to recorded publicly. Notice should be given with the amount.
Supervisor Chipman stated that would show in the monthly report.

Resolution # 59 -2017:

A Motion was made by Councilman Drabkin that within the monthly report the board will permit movements within the line items of any part of the budget.

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

AMENDMENT TO CHAPTER 112 OF TOWN CODE-OUTDOOR FURNANCES:

At the February meeting a correspondence was received requesting that a ban be placed on outdoor wood burning between May 1- October 15th in zoned hamlet areas of the Town. With approval of the Board Supervisor Chipman was going to work on an amendment to the current Local Law # 3-2010 regulating the use of outdoor furnaces within the Town of Rochester. The amendment would prohibit the use of outdoor furnaces on properties located in a Hamlet Zone from May 1- September 15th.
Supervisor Chipman stated that Councilwoman Fornino was correct in saying that the DEC has more stringent laws regarding outdoor wood burning.
Supervisor Chipman stated getting the DEC to enforce these laws is a different story and we haven’t had any luck in the past with the DEC enforcing those laws and the people suffer all the time from it.
Supervisor Chipman proposed the following amendment;

102-4 Existing Outdoor Furnaces.
Any outdoor furnace in existence on the effective date of this chapter shall be permitted to remain, provided that the owner applies for and receives a permit from the Town Building Inspector/Code Enforcement Officer within 90 days of such effective date; provided, however, that upon the effective date of this chapter, all provision hereof, except 102-5(C), (J), (K) shall immediately apply to existing outdoor wood burning furnaces. All of the provisions of this chapter shall continue to apply to existing outdoor furnaces which receive permits except 102-5(C), (J), (K). If the owner of an existing outdoor furnace does not receive a permit within 90 days of the effective date of this chapter, the outdoor furnace shall be removed. “Existing” or “In Existence” means the outdoor furnace is in the place on the site.
102-5 Specific Requirements
K. Outdoor furnaces located on properties located in a Hamlet Zone will be prohibited to be used from May 1 to September 15 of each year.
Supervisor would like to put this in with the ZRC recommendations and place it on the website for review by the public. In the meantime we can look at the DEC law as well.
Councilwoman Haugen-Depuy asked if the Board is open to incorporating some things from the DEC?
Supervisor Chipman stated he is in agreement with incorporating but wants transparency and a process.
Councilwoman Haugen-Depuy asked if this could be considered selective zoning?
Supervisor Chipman stated this isn’t a zoning law and Attorney Christiana has already reviewed the amendment.
Resolution # 60-2017:
A Motion was made by Councilwoman Haugen-Depuy that Chapter 112 of the Town Code be added to the other recommendations of the zoning law changes.
Seconded by: Councilwoman Chachkin 5-0aye, motion carried
UPDATE ON COMMUNITY CENTER ADDITION:

The idea of the NYRISING project is to place a 1,000 sqft. addition off the Community Center with some upgrades as well to the heat/ air condition system & vent work bringing substantial savings to the town. The bathrooms will be larger and handicap compliant with a shower room for shelter use during storms. There will be a 60,000 watt generator included. The addition will have a separate entrance for the food pantry. The project will go out to bid in the next couple weeks and should be completed by the fall of this year. Supervisor Chipman asked once completed he would like to see the Community Center renamed the Doris & Ed Lamon Community Center.

SOLAR FARM AT TOWN TRANSFER STATION UPDATE:

Thank you Larry Dewitt for all the work you have done!! There are two companies that both Larry and Supervisor Chipman are meeting with to discuss the RFP with. The Transfer station location is going to be the location for the solar farm.

APPROVAL FOR A LINE BUDGET TRANSFER :
Resolution # 61-2017:

A Motion was made by Councilman Drabkin to approve the transfer of $ 70,000.00 from highway fund appropriations- miscellaneous Equipment line DA-6-5140.200 to the snow removal contractual line DA-6-5142.400.

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

BID FOR HAULING ROAD MATERIAL BID AWARD:

Two bids were received for hauling of road material both meeting the requirements being non-collusion & anti-drug program.

Shogun Trucking for the amount of $ .20 per ton/per mile
H. Osterhoudt Excavating for the amount of $ .21 per ton/ per mile

Councilwoman Haugen-Depuy recused herself.

Resolution # 62-2017:

A Motion was made by Councilman Drabkin to award the lowest bidder Shogun trucking the Hauling of Road Material for the amount of $ .20 per ton/ per mile.

Seconded by: Councilwoman Fornino 4-0aye, motion carried
Haugen-Depuy –abstain

Supervisor Chipman stated that nothing was received for the crushing bid so there is no need for the off-road diesel bid.

PUBLIC COMMENT PERIOD:

Richard Miller request that when the new generator is placed at the community center that the old one be placed at the Justice Court & there is a grant available for electrical overhaul. Supervisor Chipman stated those fees would have to come out of the justice budget.
Supervisor Chipman asked why the necessity to have the generator at the Court House in emergency situations they can operate at the Town Hall or Community Center.
Rich Miller stated that having another town building with electric and water wouldn’t be a bad thing and we have the supplies to do it.
Supervisor Chipman stated we will have to see the costs.
Councilwoman Chachkin asked where we stand on the previous municipal grant?
Rich Miller stated that we were approved for 55% and the remaining 45% would be a 30 year no interest loan. The total cost was estimated at $ 889,000.00
Councilman Drabkin stated that this is worth looking into because it would be approximately
$ 20,000.00 per year at $ 600,000.
Supervisor Chipman stated that’s more than the tax cap. We have current operating expenses that exist and go up each year. This is part of the problem with the tax cap. Capital expenses aren’t exempt from the cap. A $ 20,000.00 increase is well above the cap. We need people out to talk to representatives.
Supervisor Chipman stated he will not support paying for a building with tax payer’s dollars that’s going to house those who break the law. Moving to Rosendale would have saved personnel building & equipment costs. Look at the financial realities of this.
Rich Miller stated that the grant is to qualify for a 75% grant with a 25% loan but we won’t know until we go to the next step.
Mike Baden as County Planner Board member receives a sheet of grants and would like to see it posted on the Town website. The Town of Rochester Planning Board is sponsoring a planning and zoning training session.

Gerry Fornino spoke regarding transient renters. Over 700 people in our Town alone are doing this which is a concern because people are entering on private property and more.

Supervisor Chipman expressed safety concerns regarding this issue.

Mike Baden stated the ZRC proposed that applicants wanting to do this must go to the building department and get a permit. The reasoning is because the Town will be aware of it & there is a set of regulations that are required to be followed. It’s for safety and protection for neighbors against violations.

ADJOURNMENT:

A Motion was made by Councilman Drabkin to adjourn the meeting at 8:40pm.

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

RESPECTFULLY SUBMITTED,

Kathleen A. Gundberg
Town Clerk/ Tax Collector