Town Board Meeting Minutes August 2014

The August Town Board Meeting was held on August 7, 2014 at 7pm at the Town of Rochester Town Hall.

PRESENT:

Supervisor Chipman                Councilwoman Chachkin        Councilman Drabkin

Councilman Spano                  Attorney Christiana                Deputy Town Clerk Terwilliger

ABSENT:

Councilman Cilenti                 Town Clerk Gundberg

PLEDGE:

Supervisor Chipman opened the meeting and Richard Miller led in the Pledge of Allegiance to the Flag.

INTERVIEW FOR THE ENVIRONMENTAL CONSERVATION COMMISSION:

An interview was held with Ben Ganon for a position to the ECC.

PUBLIC COMMENT:

Carol Fisher asked about the Rail Road in Kingston.

APPROVAL OF MINUTES:

A Motion was made by Councilman Drabkin to approve the minutes of the 7/03/2014 Town Board Meeting, 07/25/2014 Audit Workshop Meeting.

Seconded by: Councilwoman Chachkin                                             4-0aye, motion carried

Cilenti-absent

SUPERVISORS REPORT:  filed

SUPERVISOR’S UPDATE /CORRESPONDENCE RECEIVED:

Supervisor Chipman wanted to clarify that some issues rumored around town and on facebook are untrue in regards to the Rail Trail and Rail Road. He also reiterated that the Transfer station hours are working well and things are getting done around the buildings and grounds that have been neglected for years for example painting offices. He has been in contact with other Towns about raising their rates at the transfer stations but that has not been discussed with this town board.

Supervisor Chipman received a letter of resignation from Councilman Cilenti. Supervisor Chipman spoke on how big of an asset Councilman Cilenti has been serving the Town as Councilman, he did a wonderful job and always kept Supervisor Chipman in check.

ADVERTISE FOR VACANCY ON THE TOWN BOARD:

Resolution # 87-2014:

A Motion was made by Councilman Drabkin to authorize the Town Clerk to advertise for interested applicants for appointment to the vacated position of Town Councilperson with a term to expire 12/31/2014 and that said applicants send letter of interest to the attention of the Town Supervisor. Deadline for receipt of letters of interest is Monday August 25, 2014 at 11am.

BE IT FURTHER RESOLVED that interviews for prospective applicants for the vacated position of Town Councilperson be scheduled for 5:30pm at the Town Board’s Audit/ Workshop meeting held on August 28, 2014.

BE IT FURTHER RESOLVED that the Town Clerk notify the Ulster County Board of Elections of the vacated Town Council Seat as of 8/15/2014 so that proper arrangements can be made for a special election vote on the date of the General Election of 11/04/2014 to fill the unexpired term of Ottoviano Cilenti 1/1/2015 to 12/31/2015.

Seconded by: Councilwoman Chachkin                                             4-0aye, motion carried

Cilenti-absent

LEGAL UPDATES:  to be discussed in executive session

LIASION REPORTS:

Councilwoman Chachkin: Schoonmaker arena and the Dollar General were the topics of discussion for the planning board.

Councilman Cilenti: absent

Councilman Drabkin: nothing to report

HWY: Wayne stated that a tad bit more money was spent this month to repair roads but the town will be reimbursed $ 270,000.00 of $ 300,000.00 from CHIPS. Plus the generator is working in this building!

Councilman Spano: nothing to report

Supervisor Chipman:  Assessors office: final roll completed. Youth Commission: the summer program is running smoothly! Manuela on behalf of the Youth Commission Board stated that a bus is very important and needed. The Children in program are so happy and currently there are 79 children enrolled in camp.

Transfer station: UCRA- 30 pulls for June. Going to a 3 day work week has been beneficial and a continuation of tracking tonnage will be done. Councilman Drabkin stated that the C&D is where the money loss is coming from.

NYRising: Supervisor Chipman met with Lori Debordan in regards to flooding of the creek. Work to be completed the Town will not put money out first, a separate account will be opened and funds allocated as vouchers will be handed in to the Supervisor.

NEW/OLD BUSINESS:

EVIRONMENTAL CONSERVATION COMMISSION:

Resolution #88 -2014:

A Motion was made by Councilman Drabkin to appoint Ben Ganon to the Environmental Conservation Commission with a term to expire 12/31/2014.

Seconded by: Councilwoman Chachkin                                             4-0aye, motion carried

Cilenti-absent

 

APPOINTMENTS TO THE RAIL TRAIL TASK FORCE:

Resolution #89 -2014:

A Motion was made by Councilwoman Chachkin that Jack Schoonmaker, Floyd Lattin and Richard Travers be appointed to the Rail Trail Task Force.

 

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

Cilenti-absent

REAFFIRMATION OF CONSTABULARY:

Resolution # 90-2014:

WHEREAS the Town of Rochester has had a Constabulary since 1710 which has served the residents of the Town in varied capacities throughout its History;

BE IT RESOLVED that the Town of Rochester does hereby affirm the establishment and continuation the powers and duties of a town police constable/ peace officer are derived from two sources: Town Law, Section 39, and Criminal Procedure Law, Section 2.20 of the State of New York.

Be it further resolved that Town Police Constables shall have the following duties;

1.      Make warrantless arrest pursuant to Section 140.25 of the Criminal Procedure Law;

2.      Issue appearance tickets pursuant to Subdivision 3 Section 150.20 of the State of New York, when acting pursuant to their Special duties.

3.      Issue uniform appearance tickets pursuant to Article 27 of the Parks, Recreation and Historic Preservation Law and to issue simplified traffic information pursuant ti Section 100.25 of the Criminal Procedure Law and Section 207 of the vehicle and traffic law whenever acting pursuant to their special duties.

4.      Issue  a uniform navigation summons and/ or complaint pursuant to Section 19 of the Navigation Law whenever acting pursuant to their special duties;

5.      Issue uniform appearance tickets pursuant Article 71 of the Environmental Conservation Law whenever acting pursuant to their special duties;

6.      Exercise any other power which a particular peace officer is otherwise authorized to exercise by any general, special or local law or charter rule, regulations judgment or order whenever acting pursuant ti his or her special duties provided such power is not inconsistent with the provisions of the Penal Law,

7.      At the direction of the Town Supervisor, appear in the Town Justice Court to keep order. This will include monitoring the weapons screening program and the security of the courts;

8.      Make collections pursuant to executions and garnishee executions issued upon judgments rendered in Justice Court;

9.      Serve civil, legal, and criminal papers, including subpoenas or orders on behalf of the Town Supervisor, Town Board, and  Town Justices;

10.  At the direction of the Town Supervisor or Town Board maintain order at Town Board meetings and additional Town functions as needed; and

11.  Perform any other duties as directed by the Town Supervisor, Town Board as allowed by law; and

12.  Perform Criminal and Civil investigations

Motioned by: Councilman Spano

Seconded by: Councilwoman Chachkin                                             4-0aye, motion carried

Cilenti-absent

VOLUNTEER APPRECIATION DAY:

Resolution#91 -2014:

WHEREAS, the Town Board appreciates the efforts put forward on behalf of the residents of the Town of Rochester by volunteers who serve on various Town authorized boards, commissions, committees, and task forces as well as those who serve our community by service as members of the Accord Fire District and the Kerhonkson First Aid Squad;

A Motion was Made by Councilman Spano that Saturday September 20, 2014 will be designated Town of Rochester Volunteer Appreciation Day;

BE IT FURTHER resolved on September 20th a luncheon for said volunteers will be held from 1-4pm at the Town Park on Scenic Rd in Accord to show appreciation to those who serve our community.

Seconded by: Councilwoman Chachkin                                             4-0aye, motion carried

Cilenti-absent

APPOINTMENT OF  VICE-CHAIR OF ECC:

Resolution # 92-2014:

A Motion was made by Councilman Spano to appoint Angela Dorris as Vice-Chair to the Environmental Conservation Commission.

Seconded by: Councilwoman Chachkin                                             4-0aye, motion carried

Cilenti-absent

SCHEDULE PUBLIC HEARING FOR AMENDING CHAPTER 140:

Resolution # 93-2014:

A Motion was made by Councilman Drabkin to schedule a Public hearing for local law amending Chapter 140 of the code of the Town of Rochester (Zoning) for September 4, 2014 at 7pm at the Town of Rochester and further authorize the Town Clerk to advertise the same and forward the proposed Law to proper locations.

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

Cilenti-absent

EXECUTIVE SESSION:

A Motion was made by Supervisor Chipman to enter into executive session at 8pm to discuss a legal matter.

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

Cilenti-absent

A Motion was made Supervisor Chipman to reconvene the meeting stating no monies spent or action taken.

Seconded by Councilman Drabkin                                                     4-0aye, motion carried

Cilenti-absent

PUBLIC COMMENT PERIOD:

Mike Baden thanked the Town Board for moving the zoning revisions along. He further suggested that Chief Constable Rich Miller attend the 8/11/14 Planning Board meeting to keep order.

Gerry Fornino thanked Highway Superintendent Kelder and his crew for the speed limit signs on Rose Hill Road. It’s working though we still have speeders, hopefully it can be enforced by state police and local Sheriff departments.

ADJOURNMENT:

A Motion was made by Councilman Spano to adjourn the meeting at 8:16pm in memory of Simon Hornbeck a retired Town of Rochester building and grounds employee who served the Town so well with pride.
Seconded by: Councilwoman Chachkin                                             4-0aye, motion carried

Cilenti-absent

 

Respectfully Submitted,

Loretta Terwilliger

Deputy Town Clerk