The July Town Board Meeting was held on July 3, 2014 at 7pm at the Town of Rochester Town Hall.
PRESENT:
Supervisor Chipman Councilman Drabkin Councilman Spano
Attorney Christiana
ABSENT:
Councilwoman Chachkin Councilman Cilenti Town Clerk Gundberg
PLEDGE:
Supervisor Chipman opened the meeting and Richard Miller led in the Pledge of Allegiance to the Flag.
PUBLIC COMMENT: no comments made.
APPROVAL OF MINUTES:
A Motion was made by Councilman Drabkin to approve the minutes of the 6/05/2014 Town Board Meeting, 06/26/2014 Audit Workshop Meeting.
Seconded by: Councilman Spano 3-0aye, motion carried
Chachkin, Cilenti-absent
SUPERVISORS REPORT: filed
SUPERVISOR’S UPDATE /CORRESPONDENCE RECEIVED:
Supervisor Chipman stated that Gov. Coumo signed the bill naming Route 44/55 from the intersection of 299 to Route 209 the Sgt. Farrell Memorial Highway. He wanted to thank all the local individuals involved. He stated credit should be given were credit is due. Town resident Peter Nelson sent a letter of request to the Town Board. The Town board then got the ball rolling on a local level thankfully everyone has been supportive on both a State & Local level.
Supervisor Chipman updated the Town Board on the RRA. At the UC Supervisors meeting two gentlemen Tim Rose and Charles Landi attended the meeting both representing the RRA. It was stressed the importance of how impossible it is for a City or Town to sign an open ended contract with the RRA with such increases. Increases included C&D increases from $ 93 to $103 per ton, Pull fee from $ 43 to $ 63 per pull, and an $ 85 per month bin fee. At the meeting the Supervisor’s asked for an extension so numbers can be worked out, thankfully they listened because Supervisor Chipman received a call that the RRA granting the Towns a 1 year extension at the current rates but C&D will be $ 103.00. This at least gives the Towns time to work with the RRA to find some plausible solutions.
Supervisor Chipman received a correspondence from John Parete, Chairman to the UC Legislature. The Correspondence was a resolution supporting proposed County resolution # 224-14, Authorizing Ulster County to pay for the cost of elections. Since 2008 the cost of election expenses have increased over 400%. The Town has no control over elections but are forced to pay the bill. Supervisor Chipman stated that the cost should be put onto the County after all they have all the control over it. The resolution can be discussed in full detail when the board gets to the new business on the agenda.
LEGAL UPDATES: nothing to report.
LIASION REPORTS:
Councilwoman Chachkin: Absent. Planning Chair Mike Baden gave update on Planning Board: there were 2 preliminary approvals for subdivisions, 1 preliminary approval for a major subdivision that the board had to amend the language to correct an error in one of the conditions. 1 new lot line approval application was submitted and Dollar General has submitted their application to the Town. There was one pre-application conference on a subdivision and referral from the Town Board for an open development. Telecommunications: hoped to have the proposal to the Town Board with the language of the telecommunications section of the zoning code. This has been slow going breaking new ground, since the federal law changed a few years ago and from the looks of it the Town of Rochester is one of the first to react to the changes so there isn’t a lot out there to compare to and the committee really wants to get the language right. Definitely will have something available for the audit meeting.
Councilman Cilenti: absent
Councilman Drabkin: ZBA: Schoonmaker riding arena will go before the planning board for site plan review. Attorney Christiana wanted to clarify that the barn can stay regardless but the use for riding lessons must go before the planning board for site plan approval.
Councilman Spano: nothing to report
Supervisor Chipman: Assessors office: Final roll filed with the county. The roll is available online on the county website. Notification was received that Rondout Valley School district passed a resolution allowing the alternative veterans exemption on school taxes effective with the 2015 school taxes. Transfer Station: Councilman Drabkin stated last year’s average load was approximately 6 tons, now the average is 5.5. With costs continuing to increase from the RRA we are currently paying approximately $ 4.00 more per ton. It’s recommended to increase the C/D fee. Youth Commission: 62 children in the summer program, there is a waiting list of approximately 8-10 kids.
NEW/OLD BUSINESS:
ZONING FEE CHANGES:
Resolution # 76-2014:
A Motion was made by Councilman Spano that the Town of Rochester CEO/ Building Permit Fee Schedule be amended as proposed effective with new applications July 7, 2014.
Seconded by: Councilman Drabkin 3-0aye, motion carried
Chachkin, Cilenti-absent
DOG CONTROL FEE CHANGES:
Resolution # 77-2014:
A Motion was made by Councilman Drabkin that Dog Control Fees be changed effective August 1, 2014 as follows:
1st redemption of dog $ 20.00
2nd redemption of dog $ 30.00
Boarding of dog $ 15.00 per day
Seconded by: Councilman Spano 3-0aye, motion carried
Chachkin, Cilenti-absent
TRANSFER STATION C/D FEE CHANGE:
Resolution # 78-2014:
A Motion was made by Councilman Drabkin that Transfer Station C & D fees be changed to
$ 120.00 per ton effective August 1, 2014.
Seconded by: Councilman Spano 3-0aye, motion carried
Chachkin, Cilenti-absent
SHAWN CHARLES OPEN DEVELOPMENT:
Resolution # 79-2014:
A Motion was made by Councilman Drabkin for the Town of Rochester Town Board allow approval on open development for Shawn Charles.
Seconded by: Councilman Spano 3-0aye, motion carried
Chachkin, Cilenti-absent
SIGNATURE AUTHORIZATION FOR STERLING NATIONAL BANK:
Resolution # 80-2014:
A Motion was made by Councilman Spano that Supervisor Chipman be appointed signatory for transactions involving Sterling National Bank and that Deputy Supervisor Antonino Spano and Councilman Brian Drabkin be appointed as back up signatures for transactions involving Sterling National Bank.
Seconded by: Councilman Drabkin 3-0aye, motion carried
Chachkin, Cilenti-absent
RAIL TRAIL TASK FORCE:
Resolution # 81-2014:
A Motion was made by Councilman Spano that the Town Trail Task Force be created with the primary mission to develop the connection between the two segments of the O & W trail which lie within the Town of Rochester as this will complete the Kerhonkson to Hurley section of the O&W Rail Trail. The secondary mission of this task force is to promote the trail to best gain the economic benefits from increased tourism and the health benefits to our community of increased nearby park space.
Be it further resolved that the Trail Task Force will have a voting membership of 7. The Supervisor will serve as an ex-officio member and report task force activities to the Town Board.
Seconded by: Councilman Drabkin 3-0aye, motion carried
Chachkin, Cilenti-absent
RAIL TRAIL TASK FORCE COMMITTEE:
Resolution # 82-2014:
A Motion was made by Councilman Drabkin that the following people be appointed to the Trail Task Force as voting members; Steve Rice, Greta Baker, Lynn Archer & Tim Distel.
Seconded by: Councilman Spano 3-0aye, motion carried
Chachkin, Cilenti-absent
SPECIAL ADVISOR APPOINTMENT TO THE TRAIL TASK FORCE:
Resolution # 83-2014:
A Motion was made by Councilman Drabkin that Chris White, U.C Deputy Planning Director, be appointed as Special Advisor to the Trail Task Force.
Seconded by: Councilman Spano 3-0aye, motion carried
Chachkin, Cilenti-absent
APPOINTMENT OF CHAIRMAN TO THE TRAIL TASK FORCE:
Resolution # 84-2014:
A Motion was made by Councilman Drabkin that Steve Rice be appointed Chairman of the Trail Task Force.
Seconded by: Councilman Spano 3-0aye, motion carried
Chachkin, Cilenti-absent
ULSTER COUNTY EMC APPOINTMENT:
Resolution # 85-2014:
A Motion was made by Councilman Spano that it be requested that Timothy Ganon be appointed to the Ulster County EMC and that the Town Clerk notify the Ulster County Legislature and the Chair of the UCEMC of such.
Councilman Drabkin 3-0aye, motion carried
Chachkin, Cilenti-absent
SUPPORT PROPOSED COUNTY RESOLUTION # 224-14 AUTHORIZING ULSTER COUNTY TO PAY FOR COST OF ELECTIONS:
Resolution # 86-2014:
A Motion was made by Councilman Drabkin and Seconded by Councilman Spano that;
WHEREAS, Resolution No. 410 of December 6, 2006 authorized the County of Ulster to charge back the towns and the City of Kingston for the cost of elections; and
WHEREAS, the Help America Vote Act, or HAVA, mandated that all states and localities upgrade many of their election procedures, including their voting machines, registration processes and poll worker training; and
WHEREAS, the increased costs associated with elections have proven to be a substantial expense and burden on the Town of Rochester; and
WHEREAS, the financial burden is expected to escalate, as future costs associated with repair and/or replacement of the new electronic voting machines could be cumbersome; and
WHEREAS, pursuant to New York State Election Law, Article 4, Section 4-136, “…the expenses of providing polling places, voting booths, supplies thereof, ballot boxes and other furniture for the polling place for any election, including the storage, transportation and maintenance of voting machines, appliances and equipment or ballot counting devices, and the compensation of the election officers in each election district, shall be a charge upon the county in which such election district is situated…;” and
WHEREAS, New York State Election Law, Article 3, Section 3-226 states that “All voting machines, and appliances and equipment relating to or used in the conduct of elections shall be in the care, custody and control of the board of elections,” and therefore, not the responsibility of the local municipalities; and
WHEREAS, the Town of Rochester has no say in the increases in the chargeback pricing rates; and
WHEREAS, the Town of Rochester has no ultimate authority for election worker compensation rates;
WHEREAS, in a reasoned September 23, 1992 opinion to Broome County, the New York State Comptroller said, in part, “ there is no requirement that the chargeback should appear in a city, town, or village,” and;
WHEREAS, the county does not charge back for services it renders from the Sheriff’s Office, Weights and Measures, Emergency Services, District Attorney’s Office, or the other county departments, and
WHEREAS, the Town has become a “middleman” in the election process rather than an active participant with any authority of home rule; and
WHEREAS, this chargeback is no less than an unfunded mandate from the County to the Town of Rochester; and
WHEREAS, County Resolution No. 224, currently pending, would direct the cost of election expenses be borne by Ulster County, and not billed to its municipalities, effective January 1, 2015; and
WHEREAS, the Town of Rochester Town Board supports the passage of said Resolution; now, therefore, be it
RESOLVED that the Town of Rochester Town Board hereby supports the passage of said Resolution and respectfully requests that the Ulster County Legislature pass the proposed resolution; and be it further
RESOLVED that the Town Clerk send a certified copy of this resolution to the Ulster County Legislature and Ulster County Executive within ten (10) days.
PUBLIC COMMENT PERIOD:
no comments made.
ADJOURNMENT:
A Motion was made by Councilman Drabkin to adjourn the meeting at 9:03pm
Seconded by: Councilman Spano 3-0aye, motion carried
Chachkin, Cilenti-absent
Respectfully Submitted,
Kathleen A. Gundberg
Town Clerk