Town Board Meeting Minutes – July 2016

The Regular Town Board Meeting was held on July 7, 2016 immediately following the public hearing on proposed local law # 3-2016: regarding solar energy.

PRESENT:
Supervisor Chipman Councilwoman Chachkin Councilwoman Fornino
Councilman Drabkin Councilman Spano Deputy Town Clerk Davis
Attorney Christiana

PLAN FOR LARGE SCALE SOLAR/ SMALL PLAN SOLAR:

Supervisor Chipman proposed to the Board sending Mike Baden & Steve Fornal’s proposal to the Zoning Review Committee and appoint Troy Dunn to the open vacancy on the ZRC.

Councilwoman Chachkin clarified that there isn’t an open position on the committee but the Board can pass a resolution adding someone to the committee.

Supervisor Chipman stated he would like to add a large landowner to the committee.

APPOINTMENT TO THE ZONING REVIEW COMMITTEE:
Resolution # 99-2016:

A Motion was made by Councilman Drabkin to appoint Troy Dunn to the Zoning Review Committee.

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

REVIEW BEFORE THE ZONING REVIEW COMMITTEE REGARDING SOLAR:
Resolution # 100-2016:

A Motion was made by Supervisor Chipman to send proposals and comments for the record to the ZRC for review.

Seconded by: Councilwoman Chachkin

DISCUSSION:

Councilman Spano stated a public hearing is kept open for a small scale solar energy law. Now we are incorporating large scale, but the public hearing is titled small scale solar.

Councilman Drabkin asked why can’t the large scale be incorporated with the small scale solar law? The small scale has been structured in a manner and we’ve had a public hearing for it, can’t we just add the large part to it? The definition and much of the language is identical.

Supervisor Chipman stated Councilman Spano is right we are listing the hearing as small scale now we are talking of adding the large scale. We have the same goal it’s just how it is stated.

Councilman Drabkin understands the advantage of having one law because the possibility of confusion in definition and language you want it to be consistent and much of it is consistent. Why can’t the law be amended to include the large scale.

Attorney Christiana stated it should be a new public hearing if you combine the 2 laws because technically it is a new law.

Councilman Spano stated we can accept the proposal for larger scale but the whole idea of the small scale solar law public hearing was to discuss small scale solar.

Councilman Drabkin most of the comments made tonight related to the large scale and the reason we separated them out was because the large scale was controversial.

Councilman Spano asked if we can close the public hearing on the small solar and vote to open a public hearing on a comprehensive solar law?

Attorney Christiana stated you can keep it open until you receive all your comments back from outside agencies, or pass the law, amend it, close it with no action, whichever the board decides. It was suggested to keep open until the next Town Board Meeting.

Councilman Spano stated in the interest of transparency the Town should know what we are having a public hearing on. Large scale solar came in during the comment period.

5-0 aye, motion carried

ADVERTISE FOR CONTINUATION OF PUBLIC HEARING:
Resolution #101 -2016:

A Motion was made by Supervisor Chipman to amend motion & set the date of the continuation of public hearing for 7pm on 8/4/16 at the Town of Rochester Town Hall and for the Town Clerk to advertise the same.

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

PUBLIC COMMENT:

Charlie Fischer asked why the bus can only go 70 miles away from Town which causes them to miss out on a lot of great trips like to the Bronx Zoo and Great Escape.

Supervisor Chipman stated that when u take an older vehicle filled with kids on a trip and it breaks down it is costly and a major expense. There are costs involved. We don’t have a replacement bus.

APPROVAL OF THE MINUTES:

A Motion was made by Councilwoman Chachkin to approve the minutes of June 2, 2016 Regular Town Board Meeting & the June 30, 2016 Audit/ Workshop Meeting.

Seconded by Council Spano 5-0 aye, motion carried

SUPERVISOR’S REPORT: Supervisor Chipman noticed some errors to the report and stated that he will make corrections and file a new report.

SUPERVISOR’S UPDATE:

Supervisor Chipman stated the board received packets of a Study by the EPA on putting in a solar farm at the landfill. 1.3 -2 megawatts are available for that location. The EPA seems to think the Board can do something about it. Supervisor Chipman has been working with Town Resident Larry DeWitt on this packet. We are ready to go to an RFP. Our vision for this is to satisfy the electrical needs for the Town but also for those who cannot put solar on their homes due to locations. Let’s help serve our entire community. Supervisor Chipman thanked Larry for all of his help.

LEGAL UPDATES:

Attorney Christiana is working with the building department on the “zombie” properties. Reports will be sent to the Board.

LIASION /COMMITTEE REPORTS:

Councilwoman Chachkin:

Planning Board: 6/13 meeting lot line adjustment in R2 district was approved. Scheduled Public Hearings for expansion of Acorn School & Ag /Tourism on Samsonville Rd & 2 lot subdivision on Granite Rd.
ZRC: working on provisions for short term rentals and digital signs.
Councilwoman Fornino:
Youth Commission: nothing to report
Councilman Drabkin:
ZBA: 15 ft. area variance, an R1district owner on a one acre lot that has been changed to a R2 district, so it is a setback issue. A case of what can happen with a change of local law and how people can innocently get caught up in it. Steve Fornal stated that there were inappropriate comments made at the meeting regarding a taking by the Town in the passing of the 2009 code. It was declared that there was a 25ft setback and it went to 40ft but recalls 40ft always being the setback since the 1969 code.
Councilman Spano: thanked Supervisor Chipman for comments put out to the public regarding our emergency service workers, paid professionals, Accord Fire Company, First aid squad & everyone who volunteered in our community regarding the Forest Fire on Minnewaska Mountain. We can’t thank these companies/ agencies enough for all that they do.
Supervisor Chipman stated we all should be proud of these agencies!
Supervisor Chipman:
ECC: fishing for tires…. Creek keeps growing tires Thanks to the ECC for their efforts in cleaning our creeks!
HPC: 7/18 meeting scheduled to further discuss the proposed solar code.
HARP: visioning process of the project. Working with a planner to help work on a grant for water and sewer for the Hamlet of Accord. If we are going to have the business and festivities in the hamlet we need to have a sound infrastructure.

NEW/ OLD BUSINESS:

PHONE SYSTEM:

It’s been a three year process on updating our phone and internet system. Much of the system was outdated and in need of updates. Supervisor Chipman had 3 proposals;

State contract $ 15,893.89
Corner Stone $ 9,615.00
Cross Point $ 8,395.00

If the Board goes with the cheapest proposal Cross Point a lease for 60 months would cost
$ 183.01 per month. The buyout at the end of the lease is $ 1.00. Supervisor asked the Board to approve Cross Point’s proposal with a 5 year lease on it. A cost comparison on a 5 year contract the payment will be $ 173 per month but you would have to purchase the equipment at value.

Councilman Drabkin stated the Board should negotiate a year lease then budget the cost of the phones for 2017.
Supervisor Chipman explained that we are going to be at a 0 % tax cap we aren’t going to be able to buy a phone system.
Councilman Drabkin stated it’s a significance difference. We should look into what we can borrow from the bank to see if it would be cheaper. The 36 months is a better deal than the 60 months.
Supervisor Chipman stated that with the budget we are facing the impossible. He wants to keeps the costs low as possible. Our budget is smaller than it was 8 years ago. We are faced with cutting services.
Councilman Drabkin stated yet on the other hand we are spending $ 5, 000.00 for the open space grant. And Council would like to see the 3 year lease.
Supervisor Chipman stated those funds are coming out of the ECC budget. He further stated that he would contact the bank.
Councilman Spano suggested contacting ITC to see if they can get a better deal. He also agreed with Councilman Drabkin that the 36 month lease is the better deal.

Discussion is tabled until Supervisor Chipman receives a quote from ITC.

CONTRACT FOR NATURAL RESOURCE PLAN:
Resolution # 102-2016:

A Motion was made by Councilwoman Chachkin to approve the contract with Mickelson & Church where the Town will pay $ 5, 000.00 of the costs from their ECC budget.

Seconded by: Supervisor Chipman 5-0 aye, motion carried

HIDDEN VALLEY FOREST TRAILER PARK:

Attorney Christiana stated that Town Law requires a park renewal each year. The owner of this park has not renewed their permit in several years and is not in compliance. According to Town Code the next step is for the Town Board to send a notice to Hidden Valley Forest stating they have 15 days to come in compliance with the law and if this isn’t done then the Board is to hold a hearing.

Resolution # 103-2016:
A Motion was made by Councilman Spano to send out notice to Hidden Valley Forest Trailer Park demanding they come into compliance with Town Law.

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

APPOINTMENT TO THE COUNTY EMC:
Resolution # 104-2016:

A Motion was made by Councilwoman Chachkin to appoint Judith Karpova to the County Environmental Management Commission position.

Seconded by: Supervisor Chipman 5-0 aye, motion carried

CENTRAL HUDSON EASEMENT:

Central Hudson is looking for a 50 ft. easement on Town Property located on the Rail Trail near Granite Road for the purpose to remove limbs and keep lines clear, which is only to benefit the residents.
Attorney Christiana stated she wants to review the deed to the Rail Trail before Board approval.

Resolution #105 -2016:
A Motion was made by Councilwoman Chachkin to authorize the approval of the 50 foot easement to Central Hudson on the Town Rail Trail subject to the Town Attorney’s approval.

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

GRAFFITI ON GRANITE ROAD BRIDGE:

Councilman Spano asked if the Board can send letter to Ulster County DOT asking them to cover the graffiti on Granite Road Bridge.

STUDY OF ROAD AT INTERSECTION OF UPPER GRANITE RD & ROUTE 44/55:

Councilman Spano also asked if the Board can request a study to be conducted on large trucks turning off of Upper Granite Road and Route 44/55.

Resolution #106-2016:

A Motion was made by Councilman Spano to send a letter of request to Ulster County Commissioner of Public Works to have the graffiti covered on the Granite Road Bridge and have a study conducted to see if large vehicles can turn off of Upper Granite Road & Route 44/55 in Kerhonkson.

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

ULSTER COUNTY 911 COMMUNICATIONS UPDATE:

Councilman Spano asked if the board has received a response from Ulster County 911?
Supervisor Chipman said the Board hasn’t received anything.
Councilman Spano stated that a follow-up letter should be sent out regarding the initial response and cc it to Mike Hein and Attorney Christiana.

Resolution #107 -2016:
A Motion was made by Councilman Spano to authorize Supervisor Chipman to send a follow up letter to Ulster County Executive Mike Hein and Attorney Christiana regarding the initial request with Ulster County 911.

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

PUBLIC COMMENT PERIOD:

Mr. Fornal requested that the Town Board consider the subject of liaison responsibilities. Past practices the liaisons attend the board & commission meetings in which they are liaison to. Also reporting back to the Board is done by Board members. By asking a single member of the Board/ Commission what happened at a meeting leaves a lot of room for misinterpretation and a single point of view, witnessing what goes on at a meeting is invaluable & relying on the minutes of the meeting can only inform one so much.
3 surrounding Towns were contacted to check their procedures and each of them have Town Board Liaison’s attending liaison meetings and reporting back onsite. “I ask the Board to consider coming up with something to assure that the liaison duties are clearly specified and enforceable. Mr. Drabkin is not fulfilling his responsibility to inform the Town Board via report of what transpires at a meeting to which he is liaison to. Mr. Drabkin hasn’t attended a ZBA meeting ever. By attending the ZBA meetings Mr. Drabkin can learn something about zoning and zoning enforcement issues which can only be positive to the Town of Rochester plus that is part of his job for he was paid and yet been negligent.”

Len Bernardo suggested keeping an attendance card made available to the public or on the website.

Mike Baden explained since the original proposal on large scale solar was created, NYS came out with their complete solar model law. The new proposal given to the Board tonight includes much of the NYS model verbatim. I’m not discrediting the small scale it’s all very important but based on time restraints we can potentially lose applicants if we don’t get moving on the large scale.

Len Bernardo stated health issues are as important as the land right issue regarding the solar law. It is something that should not be taken likely. Please recognize that!

Troy Dunn asked everyone to keep things at a respectable level. “I don’t believe public comment is a place for personal attacks or calling out people by name. We can disagree, I know I disagree with people in this room but I would like to think we still have respect for each other and talk on a personal level. Supervisor Chipman I ask when you see that coming perhaps that is a time when you need to slam the gavel and shut it down. I really encourage the Board to review all our laws of the Town Code. And when creating or amending the laws look for subjectivity over objectivity! The code should stay science based and fact based I don’t think we should include things based subjectively such as mood & personality. There is a lot in our code that is subjective when you start looking at certain things. Be careful as we proceed down this path because it can bite you sometime in the future. With technology now maybe we can get proposed laws out before it goes to public hearing so people can get involved. It’s a way we can condense it down.”

Steve Fornal stated, “As far as personal attacks this was about a statement made at a zoning board of appeals meeting which was absolutely inappropriate. Inappropriate remarks like that should not be made at the table of a zoning board meeting.”

Barbara Fornal stated, “Respect needs to be earned. As far as I’m concerned Mr. Drabkin’s behavior from what I witnessed is showing his true character.”

EXECUTIVE SESSION:

A Motion was made by Councilman Drabkin to enter into executive session at 8:45 pm to discuss a particular personnel matter and for Highway Superintendent Wayne Kelder to join.

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

A Motion was made by Councilman Drabkin to reconvene the meeting at 9:55pm with no action taken nor monies expended.

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

ADJORNMENT:

A Motion was made by Councilman Drabkin to adjourn the meeting at 9:55pm.

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

RESPECTFULLY SUBMITTED,

Shaye N. Davis
Deputy Town Clerk